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HomeMy WebLinkAbout20181078 Ver 1_CAMA Application_20180803ROY COOPER Governor MICHAEL S. REGAN- Seerelary BRAXTON DAVIS Uiredor, Division of Coastal Management August 1, 2018 AUG 0 3 ?0,8 ST b�n�R,CgN TO: Karen HigginswATER pQdACl1y 401 & Buffer Permitting Unit1tTT DWR/Water Quality Permitting FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtney.spears ((Dncdenr.gov Fax: 910-395-3964 (Courier 0416-33) SUBJECT: CAMA Application Review Applicant: Michael Williams Project Location: 104 Inlet Ct., adjacent to the AIWW/Topsail Sound, in Hampstead, Pender County Proposed Project: to expand an existing docking facility by installing a 6'x 32' floating dock Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by August 25, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Michael Williams 2. LOCATION OF PROJECT SITE: 104 Inlet Ct., adjacent to the AIWW and Topsail Sound, in Hampstead, Pender County. Photo Index - 2006: 26-6635 - 0, P - 21,22 State Plane Coordinates - Lat: 34°22'31.95"N Long: 77°39'00.10"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/15/2018 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 7/27/18 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pender County Land Classification from LUP - Developed / Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Onsite septic Planned - None (F) Type of Structures: Existing - Single Family Residence and private docking facility that includes a single access pier, partially covered platform and two boatlifts. Planned - A 6'x 32' floating dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water) 192 sq. ft. (incorporated (C) Other - High ground (D) Total Area Disturbed: 192 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: SA Open: YES 8. PROJECT SUMMARY: The applicant proposes to expand an existing docking facility by installing a 6'x 32' floating dock. D_EQ�� �_%r North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.79&7215 M. Williams Page 2 9. PROJECT DESCRIPTION: The project site is located at 104 Inlet Court, adjacent to the AIWW, in Hampstead, Pender County. To find the project site, travel north (from Wilmington) on US Highway 17 to Country Club Road, in Hampstead. Turn right onto Country Club Road and travel approximately 1.0 miles before bearing right onto Kings Landing Road. Continue traveling along Kings Landing Road for approximately 1.0 miles, and turn left onto Hideaway Shores Road. Take the next right onto Scotch Bonnett Way and then an immediate left onto Inlet Court. The subject property will be located on the righthand side of the road at house number 104. Existing man-made features include a single family residential dwelling and a private docking facility. High ground vegetation consists of lawn grass and ornamental shrubs. The high ground portion is elevated approximately 15'-20' above the normal high water (NHW) level. The shoreline (+/- 125 linear feet) is natural with no man-made stabilization. Vegetation includes mixed scrub and Coastal Wetland species including: Smooth Cord Grass (Spartina alternoora), Sea Lavender (Limonium. spp.), Glasswort (Salicornia spp), Spike Grass (Distichlisspicata) and Salt Meadow Grass ( artina patens). Residential properties border the site to the north, south and west and the AIWW border the property to the east. The existing pier and docking facility, authorized in 2016 under CAMA General Permit No. 67980, is located along the eastern portion of the property and extends approximately 420' into a water body. A 23' x 26' partially covered gazebo is located at the terminal end of the fixed access pier. On either side of the existing platform sits two, 12' x 12' boat lifts. The existing docking facility is located just inshore of the adjacent docking facility to the south, within Y4 of the width of the water body. It should be noted the applicant was issued a Notice of Violation (NOV18-20D) on July 9, 2018, for unauthorized development associated with CAMA General Permit No. 67980. Specifically, the property owner constructed a platform measuring approximately 23'x 26' (598 sq. ft.), when he was only authorized to construct a 14'x 23' platform (322 sq. ft.). The development in question violated both the General Permit conditions, and 15A NCAC 07H .1205(f) which states: "The maximum size of any individual component of the docldng facility authorized by this General Permit shall not exceed 400 square feet". The restoration plan for NOV 18-20D required the applicant to revise the current CAMA Major development permit application which was submitted on June 8, 2018. The revisions were to include the addition of a 6' x 32' section of floating dock, as well as the existing (and unauthorized) 23' x 26' partially covered platform. Following revision, the applicant was to submit the associated forms and site plan to DCM for review and circulation as part of THIS CAMA Major permit process. Pending approval of the revisions (from the respective agencies as well as DCM), a decision would be made regarding the appropriate restoration. DEQ5 North Carolina Department of Environmental Quality I Division of coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 M. Williams Page 3 The waters of Topsail Sound (adjacent to the project site) are classified as SA by the North Carolina Division of Water Resources. They ARE NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. Based on visual observations made by DCM staff during the April 2018 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) in the surrounding area. Water depths in the vicinity of the existing facility range from -3' to -5', relative to normal low water (NLW). PROPOSED PROJECT: The applicant proposes to expand an existing docking facility by installing a new 6'x 32' section of floating dock, just inshore of the southernmost boat lift, and gain approval for the existing 23'x 26' partially covered platform. The proposed floating dock would run parallel to the existing pier and would be accessed from the existing platform. The floating dock would rest approximately 4' from the existing walkway, eliminating any potential dockage between the floating and the pier. In total, the proposed floating dock, when combined with the existing platform, would shade approximately 790 sq. ft. of shallow bottom habitat area. Water depths in the vicinity of the proposed structure range from -3' to -4' (at normal low water). 10. ANTICIPATED IMPACTS: The proposed structures (existing and proposed) would incorporate approximately 790 sq. ft of Estuarine Waters and Pubic Trust Area. The floating dock would be located inshore of the existing platform and boatlifts, and would remain consistent with the Y4 width rule and established pier - head line. Minor increases in turbidity should be expected during construction. In addition, the proposed project would not encroach into the Federal Channel setback Submitted by: Jason Dail Date: August 1, 2018 Office: Wilmington EQ� pwrrlM � ��YOI�' North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Proiect Narrative Michael Williams would like to add a 6ft x 32ft floating dock to the south side of the existing dock just landward of the existing gazebo at 104 Inlet Court Hampstead, NC. This will require the setting of approximately two 8" pilings and a gangway to the floating dock. Gilbert W. Reece, PE PC Reece Engineering and Design 422 North Shore Drive Surf City, NC 28445 Cell: 910-200-7616 Email: gwreece(aDchafter.net Professional Engineer NC license 022659 VA license 047475 NC General Contractor #69786 RECEIVED .JUN 042018 DCM WILMINGTON, NC APPLICATION for 111a1or Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT Business Name Reece Engineering Agent/ Contractor 1: First Name Gilbert Business Name Last Name Reece Project Name (if applicable) Floating dock addition Applicant 1: First Name Michael MI Last Name Williams Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 104 Inlet Court State INC PO Box city Hampstead State NC ZIP 28443 Country USA Phone No. 2 ext. Phone No. 910 - 977 - 0612 ext. FAX No. Street Address (if different from above) City State ZIP Email natashiabostic@gmaii.com ZIP Business Name Reece Engineering Agent/ Contractor 1: First Name Gilbert MI w Last Name Reece Agent/ Contractor 2: First Name MI Last Name Mailing Address 422 North Shore Dr PO Box City Surf City State INC ZIP 28445 Phone No. 1 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email RECEIVED gwreece@charter.net 2 7 2018 <Form continues on back> DCM WILMINGTON! NC - 252 -808-2808 -- 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit TUL 2 7 ZG'S <Form continues on next page> r-GMyNju MINGTON, NC 252.808-2808 1-888-4RCOAST .. www.necoastaimanagement.net County (can be multiple) Street Address State Rd. # Pender 104 Inlet Ct Subdivision Name --[Hampstead City State Zip Hideaway Shores b. Size of entire tract (sq.ft.) NC 28443- Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 977 - 0612 ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project (If many lot sizes, please attach additional page with a list) ICCW 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 ICCW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes NNo work falls within. TUL 2 7 ZG'S <Form continues on next page> r-GMyNju MINGTON, NC 252.808-2808 1-888-4RCOAST .. www.necoastaimanagement.net a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 125 ft 28,314 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) 14 ®NHW or ❑NWL e. Vegetation on tract grass f. Man-made features and uses now on tract Residential with gazebo and dock g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) NYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo [INA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register lis eligible property? TUL 2 7 ZG'S <Form continues on next page> r-GMyNju MINGTON, NC 252.808-2808 1-888-4RCOAST .. www.necoastaimanagement.net Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (i) Are there coastalwetlands on the site? ®Yes ❑No (ii) If yes to either () or (ii) above, has a delineation been conducted? ®Yes (-]No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. Septic o. Describe existing drinking water supply source. Well p. Describe existing storm water management or treatment systems. n/a J'J' 2 7 Z 018 � <Form continues on back> DCM WILMINGTON, NC 252-808.2808 -. 1-888-4RCOAST .. www.nccoastatmanagement.net a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government N Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Residential Dock addition, Revision for unauthorized platform dimentions 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. drive two pilings and add dock d. List all development activities you propose. drive pile add 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? 0 NSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. none i. Will wastewater or stormwater be discharged into a wetland? ❑Yes NNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No [INA j. Is there any mitigation pro o If yes, attach a mitigatpg .ED ❑Yes NNo [INA J'J' 2 7 Z 018 � <Form continues on back> DCM WILMINGTON, NC 252-808.2808 -. 1-888-4RCOAST .. www.nccoastatmanagement.net Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit a. A project narrative. NOR 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. 0 Name John Leger Phone No. Address 106 Inlet Ct Hampstead NC g. A list of previous state or federal permits issued for work 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 owned k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to lication and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best Date 4-30-18 Print Name Gilbert Signature Please indicate application attachments pertaining to your proposed project. �' ❑DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges a 2018 ❑DCM MP -3 Upland Development RECEIVED ®DCM MP -4 Structures Information �U��72018 NC 252-808-2808 .. 7588-411COAST ., www.necoastaimanagement.net 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. a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Comm unity c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 32 (iv) Width 6 (v) Floating NYes ❑No e. (i) Are Platforms included? ❑Yes NNo If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (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 NOpen water; no dredging required ❑Other; please describe: RECEIVED 2 r 2018 k. Typical boat length: 22 M. (i) Will the facility have tie piling" l°z aYi4MINGTON, NO NYes ❑No (ii) If yes number of tie pilings? 2 b. (i) Will the facility be open to the general public? []Yes NNo d. (i) Are Finger Piers included? ❑Yes NNo If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? []Yes NNo If yes: (ii) Number (iii) Length (iv) Width 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). runabout I. (i) Will the facility be open to the general public? ❑Yes NNo 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27106 Form DGM MPA (Structures, Page 2 of 4) 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. (i) 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? P;=CE1VC=D I. If this project is an expansion of an existing marina, what types of services are currently provided? '" 7 2018 NGTON, NO m. Is the marina/docking facility proposed within a primary or secondary nursery area? 7 2 o i 8 L ❑Yes ❑No 1 U r,.M Wil MINGTON, NO 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP -4 (Structures, 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 wetlandsimarsh (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 OSB ❑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. 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. a. (i) Number _ (ii) Length _ (iii) Width w �fi i rzk f 0, .< good, sheetpile, eic. Liras seg: 4.. a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 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. RECENSID JUL 2.7 2Oi8 e. Arc of the swing DCM WILMINGTON, NO b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27106 Form DCM MP -4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines > 15ft Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body e. (i) Will navigational aids be required as a result of the project? []Yes NNo ❑NA (i) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 1 00f d. Water depth at waterward end of structure at NLW or NWL -3 ft a. Give complete description. Add Floating Dock, Revision for unauthorized platform dimensions RECEIVED JUL 2 7 °318 DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 6FT ABSL z � m r 0 r 8 c•� M Z-s .._. O G) Iv M PROJECT NARRATIVE: O . THE PROPOSED PROJECT IS TO ADD A 6FT X 32FT FLOATING DOCK TO THE zr c SOUTH SIDE OF THE EXISTING (AND UNAUTHORIZED) 23'X26' PARTIALLY COVERED PLATFORM. THIS PROJECT ALSO INCLUDES REVISING THE ORIGINAL CAMA PERMIT TO REFLECT THE AS BUILT DIMENSIONS OF THE 0 DOCK. THE ORIGINAL PERMIT SHOWS A 14FT X 23FT PLATFORM AND THE AS BUILT (FASTING) PLATFORM IS 23' X 26' AS SHOWN. t 2FT ABSL i MHW OFT PROPOSED FOATING DOCK — EXISTING DOCK VICINITY MAP _ .................. ._ ....._ ......................_ ........... N r 8 O EXISTING 400 sq It GAZEBO EXISTING i AND LIFTS RECEIVED ;UL 2 i 2018 OCTA WILNINGTON .. WC ENGINEERING 402 NORTH TOPSAIL DR SURF CITY, NC 28445 910.200.7616 FAX 910-221 -5" Printed: 7/27/2018 9:52:23 AM I CNnt MICHAEL WILLIAMS Project FLOATING DOCK 104 INLET CT HAMPSTEAD, NC CAMA Project number RC052 Date 4-25-18 Drawn by Author Checked by Checker C100 Scale V. = 30'-0" 0 r EXISTING i AND LIFTS RECEIVED ;UL 2 i 2018 OCTA WILNINGTON .. WC ENGINEERING 402 NORTH TOPSAIL DR SURF CITY, NC 28445 910.200.7616 FAX 910-221 -5" Printed: 7/27/2018 9:52:23 AM I CNnt MICHAEL WILLIAMS Project FLOATING DOCK 104 INLET CT HAMPSTEAD, NC CAMA Project number RC052 Date 4-25-18 Drawn by Author Checked by Checker C100 Scale V. = 30'-0"