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HomeMy WebLinkAbout20181139 Ver 1_CAMA Application_20180810ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management August 7, 2018 TO: Karen Higgins 2 0 1 8 39 401 & Buffer Permitting Unit 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 (a)-ncdenr.gov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: George Barefoot/ 8720 BEL Properties, LLC Project Location: 8720 Bald Eagle Ln., adjacent to the AIWW, in New Hanover County Proposed Project: to expand an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by August 31, 2018. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7#270 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 1. APPLICANT'S NAME: George Barefoot (8720 BEL Properties, LLC) c/o Jimmy North 2. LOCATION OF PROJECT SITE: 8720 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. Photo Index — 2006: 25-6595: W, 13 Lat: 34117'53.27°N Long: 77044'33.32"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — August 1, 2018 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — July 16, 2018 Complete — July 26, 2018 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington — New Hanover County Classification From LUP — Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: ORW, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Single family residence, 3 slip private docking facility Planned — Install new boatlifts, walkways, and a covered deck (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands O en water 810 ft2 (incorporated) (C) Other (Highground) (D) Total Area Disturbed: 810 ft2 (0.02 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to install new boatlifts, walkways, and a covered deck. George Barefoot (8720 BEL Properties, LLC) c/o Jimmy North Page Two 9. PROJECT DESCRIPTION: The project site is located at 8720 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. To locate the property of interest from Market Street (NC Hwy 17), turn right on to Porters Neck Road and continue east through the traffic circle approximately 2 miles. At the stop sign, tum left on to Bald Eagle Lane and travel south approximately 1 mile and the property of interest will be located on the right. The property is approximately 0.77 acres and is elevated approximately 12' above normal high water (NHW). A single family home with a private docking facility is currently located on this property. The approximately 100' of shoreline is stabilized by an existing vinyl bulkhead. There are no Coastal Wetlands waterward of the existing bulkhead aside from a small marsh fringe consisting primarily of Smooth Cordgrass (Spartina altemiflora) at the southern corner of the bulkhead. The property is bordered by residential properties to the north, south, and west. This property, along with the northern and southern adjacent riparian properties, are bordered by a man-made access channel. This channel connects the docking facilities at these properties to the AIWW to the east. Dimensions of the access channel measures approximately 700' in length by 40' in width with water depths ranging from approximately -4' to -6' at mean low water (MLW). There is an existing private docking facility with a fixed platform measuring approximately 8' in width by 12' in length extending waterward from the bulkhead towards the AIWW. Extending waterward from the fixed platform is an approximately 4' wide by 16' long ramp connection to an 8' in width by 16' in length floating platform oriented perpendicular to the man-made channel. On the south facing side and at the end of the float, is another float measuring approximately 8' in width and 16' in length oriented parallel to the man-made channel that was authorized under General Permit #60618D. Conditions on General Permit #60618D state that no more than two (2) boat -slips are authorized at this docking facility. A 15' by 16' boatlift is located on the north facing side of the perpendicular float and was authorized under General Permit #66593D. An unauthorized fixed covered platform measuring approximately 15.5' wide by 14' long is located adjacent to the 8' by 12' fixed platform on the south side and extends from the bulkhead waterward towards the channel. Permit history shows that an 8' wide by 8' long open fixed platform extension to the 8' by 12' fixed platform was authorized under General Permit #66593D but was not constructed to those specifications. The existing docking facility can accommodate up to two (2) vessels as previously authorized. The City of Wilmington/New Hanover County 2006 Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the project site are classified as SA-ORW by the NC Division of Water Resources. The NC Division of Marine Fisheries has not designated this area of Middle Sound as a Primary Nursery Area (PNA), and the waters adjacent to the proposed project are closed to the harvesting of shellfish. PROPOSED PROJECT: The applicant proposes to install new boatlifts, walkways, and a covered deck at an existing docking facility. The proposed walkways would be constructed to the north of the existing 8' by 12' fixed platform. A 4' wide by 16' long walkway would run parallel along the existing bulkhead and connect to the south side of a proposed 5' wide by 33' long walkway extending from the George Barefoot (8720 BEL Properties, LLC) c/o Jimmy North Page Two bulkhead toward the channel. On the north facing waterward end of the proposed 5' by 33' walkway would be a new 13' by 14' boatlift. Another 13' by 14' boatlift is proposed at the south end of the existing floats. The application states that the proposed structures would accommodate up to five (5) vessels at this location. The applicant is also including the 15.5' by 14' covered fixed platform in this application to bring the structure in to compliance. 10. ANTICIPATED IMPACTS The proposed structures would incorporate 810 sq. ft. of Estuarine Waters and Pubic Trust Area. Currently, the existing docking facility extends approximately 33' in to a waterbody measuring approximately 700' in width. The proposed boatlift to the north of the existing docking facility would encroach into the adjacent 15' riparian corridor setback, however a waiver has been signed and received from that neighbor. As proposed, the proposed structures would not extend beyond the existing docking facility, which would comply with the % width distance and the established pier length. The. proposed structures would not encroach on the Army Corps Federal Channel Setback requirement within the AIWW. The proposed docking facility would accommodate up to five (5) vessels in water depths of approximately -4' at MLW. Minor increases in turbidity should be expected during construction. Submitted by: Brooks Surgan Date: August 7, 2018 Office: Wilmington c ......... . . ..... ICE Mr -9 APPLICATION for Major Development Permit (last revised 92/27106) North Carolina DIVISION OF COASTAL MANAGEMENT Business N e ^ Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address14 PO Box City State ZIP Phone No. 1 Phone No. 2 P I ci 0 3 g/o- ALV- 8 s/yext. ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email Go RECEIVED C ~ I ;-th % ..5 ( DCM WILMINGTC <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :, www.nccoastaimanagement.net N, NC W7_�4Y 'fir Project Name (if applicable) Business Name r) --)-t1 1 LL �r� � l,�s C Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State �cf - l c La" e r / �%. <- ��•� rt/ C ZIP Country Phone No. FAX No. 99 C// l S. 13/0 3 /�fG O ext. Street Address (if different from above) City State ZIP Email Business N e ^ Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address14 PO Box City State ZIP Phone No. 1 Phone No. 2 P I ci 0 3 g/o- ALV- 8 s/yext. ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email Go RECEIVED C ~ I ;-th % ..5 ( DCM WILMINGTC <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :, www.nccoastaimanagement.net N, NC Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit ;tia arra _ i l� _TIC ca4 ; 3lk s?P_ County (can be multiple) Street Address State Rd. # /"ems '-)o0 6 `')g o lia 1 C/ C-0-5 /C Ga"'e S''1{'alivi ioon Name ^City 0 /1�'if S l _D e C._ loo / VState % , ( (..lw t(N S' f 0 "W v� �1Zip/ N l_ O_.. 'F-<111 Phone No. )%OOH poo SS�t Lot No.(s) (if many, attach additional page with list) Ll to - X31 ext. RNHW or ❑NWL I I 1 , a. In whichNCriver basin is the project located? C.� e p:-, C" f`j{c�u5e.� �u��6teoo// f3) e/r IJocC�r b. Name of body of water nearest to proposed project / C &J C—)c. Is the water body identified in (b) above, natural or manmade? JZNatural ❑Manmade []unknown d. Name the closest major water body to the proposed project site. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? r e. Is proposed work within city limits or planning jurisdiction? []Yes ZNo f. If applicable, listthe planning jurisdiction or city limit the proposed work falls within. .�11 to �_D 8 N e- a-S� pk -'a�,$ k ) 1) �`BC@ a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) loo '4001000 c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or )%OOH poo SS�t NWL (normal mter level) / 2 1 (if many lot sizes, please attach additional page with a list) RNHW or ❑NWL e. Vegetation on tract `G,-, ds�o pP� y�d� ©� 1c_ / e, e s, e� lA­��� f. Man-made features and uses now ont tract f`j{c�u5e.� �u��6teoo// f3) e/r IJocC�r g. Identify and describe the existing land uses adiacent to the proposed project site. reS�cfi,1'oa / h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (y(, (Attach zoning compliance certificate, if applicable) Pe°S i G� �� °` Yes [:]No [INA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes J9No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes Mo [INA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes Mo [INA National Register listed or eligible property? 1\LVLT Y"LV DCM WILMINGTON, NC <Form continues on next page> 252-808-2808 .. 1-888-4RCOAST .. www.nceoelstalrraanagement.net Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? 'S'es []No (ii) Are there coastal wetlands on the site? 01(es []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes INNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. 5ewe� o. Describe existing drinking water supply source. c,J e It p. Describe existing storm water management or treatment systems. 5 U (I ,^u NC—rr DCM WILMINGTON, NC <Form continues on back> 252-808-2808 .: 1-8884RCOAST :: www. nccoal stalman agarnent.not d`i ��sT' W-01 a. Will the project be for commercial public, or private use? a. ❑Commercial ❑Public/Government Orivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. `f3 3 fl l,`-F���`f °(D r C) e C d b o w � r o .�-� wa � e: r- C- a/� 7" lcee "Je �y p 5eGWc 1 //� A l '^ p�tCr^ea`Uio,vrsst, 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. `foo �r �ltis ri d. List all development activities you propose. p r �Ja 7 Z-1 ��)� i_'ovc�iPt� O�Qelc e. Are the proposed activities maintenance of an existing project, new work, or both? j f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres mar✓ -e- eg. 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. -501/'�acC. )0U^� 04'I i. Will wastewater or stormwater be discharged into a wetland? []Yes EVNo [INA 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 W ❑NA If yes, attach a mitigation proposal. DCM WILMINGTON, NC <Form continues on back> 252-808-2808 .: 1-8884RCOAST :: www. nccoal stalman agarnent.not Form pCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit ke Yo t, ,sc�yM.� �..- +,Y •s ;r s''air :_.:,,5� r oa `;i" �' s° �_ 5 }5:,�' t a , - f 0 � dTR 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 1;e, Le e— Phone No. Address $ +� & t ` a� g. A list of previous state or federal permits issued for work on the project tract. Include peen it 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 1-10), 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 this permit application and follow-up monitoring of the project. I further certify t at the information provided in this application is truthful to the besj„Qf my knowledge. Date �! Print Name 14 leo f( f1 Signature Please indicate application attachments pertaining to your proposed project. DDCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development WCM MP -4 Structures Information RECEIVED DCM WILMINGTON, NC 252-808-2808 .. 1-888-4RCOAST .. www.nccaastaimanage.ment.net Form ®CM MP -4 (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 Wrivate/Community c. (i) Dock(s) and/or pier(s) (ii) Number_ (iii) Length (iv) Width 1 (v) Floating ❑Yes $No e. (i) Are Platforms included? ayes []No 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 ---2— (ii) Number of slips existing 3 i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel Wpen water; no dredging required ❑Other; please describe: k. Typical boat length: 9( m. (i) Will the facility have tie pilings? ❑Yes QIN4o (ii) If yes number of tie pilings? b. (i) Will the facility be open to the general public? []Yes Oo d. (i) Are Finger Piers included? ❑Yes allo If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? of(es [-]No If yes: (ii) Number (iii) Length / 3 (iv) Width / f 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). _Qpeems' cu, a 10,9, /s I. (i) Will the faciliy, be open to the general public? []Yes j fVo 252-8138-2808 11-888 4RCOAST :., wwW nccoastaimanauement.net RECEIVED DCM WILMINGTON, NC revised: 12127/06 Form ®CM MP -4 (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. a] d. How will overboard discharge of sewage from boats be controlled? 0 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. A' /Y— i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality /0 j. What will be the marina policy on overnight and live -aboard 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? Cv'4 `IEE EDD DCM WILMINGTON, NC m. Is the marina/docking facility proposed within a primary or secondary nursery area? ;Fp(es ❑No 252-808-2808:.- 1-888-4RCOAST -- www.riccoastalmanagement.net revised: 12/27/06 F5 rhi DCS! MP -4 (Structures, Page 3 of d) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes filo 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. OCW O []SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes 2§4o 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 a. Length c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community c• Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Average distance from NHW, NWL, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-8178-2808 :: 1-8884RCOAST :: www.riccoastalmanagerrient.net revised: 12/27/88 W 9 Poral DCM MP -4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 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 RNA (ii) If yes, explain what type and how they will be implemented. a. Give complete description: b. Proximity of structure(s) to adjacent docking facilities. ,/tr /_'7, d. Water r+^^•' ^^ Mrd end of structure at NLW or NWL 252-808-2806 :: 1-888-4RCOAST :: www.nccoastalmanagement.net RECEIVED DCM WILMINGTON, NC revised: 12/27/06 IJ L c- r-ro(o / c �rj YF Fl�;49;�5.1� k� F. Pgy-- -- -- 1 3k q' 13C -- 44 --- -- -- - -- - - --V a°..- UJ 14 L 9 1 JAC 4f . n tot /�4/