19950400 Ver 1_COMPLETE FILE_19950420

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE, Director
May 3, 1995
MEMO
To: John Parker
D
From: Jo Dorne
Y
D
Re: Wilmington Harbor Enhancement Trust
New Hanover County
DEM # 95400
FILE COPY
DEM staff have reviewed the above mentioned project (see attached memo from our
Wilmington Regional office). We believe that a pumpout facility should be required for this
project since overnight dockage will be encouraged.
Please call me at 733-1786 if you have any questions.
95400.mem
cc: Wilmington DEM Regional office
Central Files
ED F= F1
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 501k recycled/ 10% post-consumer paper
=4
DIVISION OF ENVIRONMENTAL MANAGEMENT
NYEM01 A'VDUM
Date: April 24, 1995
To: John Dorney
Planning Branch
From: James H. Gregso
Wilmington Region) `Office
f
Through: Dave Adkins Y y
Wilmington Regional Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #95400
W.H.E.T. (Wilmington Harbor Enhancement Trust)
New Hanover County
The project has been reviewed to determine impacts to water quality. The following
comments have been provided.
The applicants are proposing to expand the existing transient dock at 301 N. Water Street
in downtown Wilmington from a 6' x 12' to a 6' x 259' floating dock. This proposal will
provide docking space for 13 boats. The application states that transient boats will be
encouraged to dock for up to 48 hours with possible long term dockage for mooring only.
Our current policy for requiring pumpout facilities at marinas with less than 25 boats in
closed shellfish waters states that no pumpout should be required. However, the application
clearly indicates that overnight dockage will be encouraged. The overnight dockage of boats
with the potential for long term mooring creates a situation where the overboard discharge of
sewage from holding tanks will be a likely occurrence, especially if no pumpout facility is
available. This being the case, it is recommended that a pumpout facility should be installed and
connected to the City of Wilmington's sewer system.
JHG:95400. apr
cc: Wilmington Regional Office Files
Central Files
John Parker:
Tere Barrett
State of North Carolina
Department of Environme ,FEB 2 8 1995
Health and Natural Resources A
4
Division of Coastal Management" -------------
James B. Hunt, Jr., Governor V
Jonathan B. Howes, Secretary p F=H N
Roger N. Schecter, Director
02/23/95
MEMORANDUM ,Q
To: Mr. Jim Gregson
NC DEH&T\TR %
Div. Environmental Management 4ti I?
127 Cardinal Drive
Wilmington, NC 28405 ti ?F2c
Fs
From: Steve Benton, Consistency Coordinator
Subject: Project Number DCM95-07, Dated 02/10/95
FONSI USACOE Engineer Yard Mooring Basin, Eagle Island
Proposed by: U.S. Army Corps of Engineers in New Hanover County
The above listed document is being circulated to you for review
and comment by 03/17/95.
Type of Review Requested:
_ General Comments / FYI
Determination of Permits Needed / Local Land Use Plan Issues
NEPA / NCEPA Comments
Preliminary Federal / State Consistency Comments
Federal / State Consistency Comments
Please contact me before the response due date if additional
review time is needed. Thank you.
REPLY This office objects to the project as proposed.
Co=.Lents on this project are attached.
? This office supports the project proposal.
No Comment.
P.O. Box 27687, Raleigh, North Carolina 27611-7687
An Equal Opportun'h, Affirmative Action Employer
Signed "I ?A?
Date
Telephone [phone] FAX [phone]
50% recycled/ 10% post-consumer paper
DIVISION OF ENVIRONMENTAL MANAGEMENT
AIMORANDUM
Date: April 24, 1995
To: John Dorney
Planning Branch
-0,
RFcF??'Fp
From: James H. Gregso
Wilmington Region ffice 790/v 1 /9
99
4°,x'14
Through: Dave Adkins iFNc?s
Wilmington Regional Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #95400
W.H.E.T. (Wilmington Harbor Enhancement Trust)
New Hanover County
The project has been reviewed to determine impacts to water quality. The following
comments have been provided.
The applicants are proposing to expand the existing transient dock at 301 N. Water Street
in downtown Wilmington from a 6' x 12' to a 6' x 259' floating dock. This proposal will
provide docking space for 13 boats. The application states that transient boats will be
encouraged to dock for up to 48 hours with possible long term dockage for mooring only.
Our current policy for requiring pumpout facilities at marinas with less than 25 boats in
closed shellfish waters states that no pumpout should be required. However, the application
clearly indicates that overnight dockage will be encouraged. The overnight dockage of boats
with the potential for long term mooring creates a situation where the overboard discharge of
sewage from holding tanks will be a likely occurrence, especially if no pumpout facility is
available. This being the case, it is recommended that a pumpout facility should be installed and
connected to the City of Wilmington's sewer system.
JHG:95400.apr
cc: Wilmington Regional Office Files
Central Files
John Parker
Tere Barrett
DIVISION OF COASTAL MANAGEMENT APR 8 1995
FIELD MVESTIGATION REPORT
1. APPLICANT'S NAME: Wilmington Harbor Enhancement Trust, Inc.
2. LOCATION OF PROJECT SITE: Adjacent to the Cape Fear River at 301 N. Water Street
in downtown Wilmington
Photo Index - 1989: 179-38, gr. R-11 1984: 15-186; gr. L-4
State Plane Coordinates - X: 2317350 Y: 179100
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/17/95
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 3/22/95
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land. Use Plan - New Hanover
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - City Sewer
Planned - None
(F) Type of Structures: Existing - Public Boardwalk, Floating Dock
Planned - Expansion of Floating Dock for transient use.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED INCORP
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Open Water 1482 sf
(D) Total Area Disturbed: 1482 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: No Resource
8. PROJECT SUNEVIARY: The applicant proposes to construct a floating dock adjacent to the
public boardwalk on the Cape Fear River in downtown Wilmington.
W.H.E.T.
Page 2
9. PROJECT DESCRIPTION 03/29/95
The applicant is the Wilmington Harbor Enhancement Trust (WHET). The project site is 301 N. Water
Street in downtown Wilmington. The tract that is owned by the City of Wilmington is approximately
3.2 acres in size. The city has constructed public boardwalks adjacent to this property, over the Cape
Fear River. The boardwalk system is not yet continuous. The stretch of boardwalk at this site extends
from the parking lot on the north side of the Hilton Hotel, across the hotel, and to the end of the
parking lot on the south side of the hotel. The shoreline under this structure is stabilized with rip rap.
There is currently a landing with a ramp providing access to a 6' X 12' floating dock. This is used for
temporary docking of boaters utilizing the many activities, restaurants, and businesses along
Wilmington's waterfront.
The Cape Fear River at the project site is classified SC by the Division of Environmental Management.
The river is designated Primary Nursery Area by the Division of Marine Fisheries, and there is no
shellfish resource. The New Hanover County Land Use Plan classifies the area as Conservation. Water
depth adjacent to the proposed structure is approximately -4' to -5' mlw.
With the business thriving along the waterfront, and the various festivals that occur on water street, the
city and WHET would like to increase boating access to the area. There are no public marinas in this
area. The current proposal is to accomplish this with the enlargemeni of the 6' X 12' float to a 259'
floating dock. This would require the construction and placement of a float 6' in width by 247' in
length. This float would be nestled within an existing inset of the boardwalk. The dock would provide
temporary docking on one side only for 13 boats or less.
There is no pumpout station provided for this system. There is no dredging request associated. There
are to be 6 signs posted disallowing overboard discharge. Overnight docking will not be allowed.
10. ANTICIPATED EWPACTS
The existing boardwalk is heavily used by local pedestrians and tourists. However, the structure is
fixed and there is a 4' tidal amplitude in the river. So, the structure is not usable for docking at all tide
stages.
The proposed dock will incorporate approximately 1482 square feet of Public Trust Area. It will allow
for boating access to the Wilmington riverfront that is not currently available.
Submitted by: T. Barrett Date: 03/29/95 Office: Wilmington
Please t)Tpe or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8,9
must be completed for all projects.
1 APPLICANT
a. Name Wilmin ton Harbor Enhancement
Trust.
Address P.O. Box 331
City Wilmington State N.C.
Zip 2 8 4 0 2 Day phone [phone]
Landowner or XX Authorized agent
b. Projectname(ifany) Hilton public docks
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
Expansion of existing public dock
c. Will the project be for community, private, or
commercial use?
Community use
d. Describe the planned use of the project.
_Increase public recreational use
of Cape fear river at Wilmington.
Water,power and sewage connections
are not included in intial constr.
however,may be added in future.
4 LAND AND WATER
c. If the applicant is not the landowner, also give the CHARACTERISTICS
owner's name and address.
C
ity of Wilmington (C 0 W ) a. Size of entire tract N/A :C.6
P.O. Box 1810 _
W 1m;ngton N.C. 284011 f ?? divi
910 341 7827
rtiipnp dual lot(s) N / A
c. Ele of tract above mean sea level or
J U ,
Vat o U Geodetic Vertical Datum
2 LOCATION OF PROPOSED l?G N/A
PROJECT D11/I34GNd,FSoil type(s) and to ture(s) of tract
;i ,NAGE84r= 1T. N 7A
a. Street address or secondary road number
301 N. Water St. e. Vegetation on tract NIA
b. City, town, community, or landmark
Wilmington
c. County New Hanover
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
Cape Fear River
f. Man-made features now on tract 6' x 12 ' f 1 o a t i
ock
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed xx Community
Rural Other
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Increase existing
floating dock from 6' x 12'
to 6' x 260'
h. How is the tract zoned by local government?
CBD Central Business District
i. How are adjacent waters classified?
SC waters
j. Has a professional archaeological survey been
carried out for the tract? NO If so, by whom?
N/A
3/91
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings (facilities, or
structures proposed NN
. b. Number of lots or parcels
N/A
c. Density (Give the number of residential units and the
units per acre.) N/A
in. Water supply source City of Wilmington
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach acc s A ys or provide new access.
d. Size of area to be graded or disturbed o
N/A
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.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
N/A
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
i.
J.
k.
1.
If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A
6 EXCAVATION AND FILL
INFORMATION N/A
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads w
covered in Section,, T ((7; ength Width j !1?

Access channel
(MLW) or (i`rWL)
Boat basin
Other (break-
water, pier,
boat ramp,F 1 o a t i n g
Describe proposed sewage disposal and/or waste rock jetty) d o c k
water treatment facilities. Fill placed in
No sewage pump=out proposed at this
time. Connection with City sewer wetland or below
may occur in the future. MHW
Have these facilities received state or local approval?
City council and County commission
have approved expansion in original
CAMA permit.
Describe existing treatment facilities.
City of.Wilmington operates
sewage collection and treatment
facilities.
Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). N/A
Upland fill
areas
o 10Q r-
.-, % q -
L >
ASTAL '/IANAG MENT
248' I 6' I_MLW
4'
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. Type of material
N/A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. High ground excavation N j in cubic yards
2 3/91
f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in
feet
g. Location of spoil disposal area d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
h. Do you claim title to the disposal area? mean high water
If not, attach a letter granting permission from the
owner. f. Type of fill material
i. Will a disposal area be available for future
maintenance?
If so, where? 8 ADDITIONAL INFORMATION
j. Does the disposal area include any marshland,
swamps, or water areas? In addition to the completed application form, the follow-
ing items must be submitted:
k. Will the fill material be placed below mean high A copy of the deed (with state application only) or other
water? Sri t under which the applicant claims title to the
'f
fet (CV pent'. If the applicant is not claiming to be
1
. Amount of fill in cubic yards

T
f f
ll
i
?I the o erf said property, then forward a copy of the
e
i
nt
in. ype o
i
mater
al
;Y R 2
'? N r
nstrume
under which the owner claims
9 ?.
'

n.
Source of fill material r t
, plus written permission from the owner to cant' out
ift project.
DIVISION OF
o. Will fill material be placed on marsh gUftrFAL IVIAN
wetlands? AQ
AgW rulte work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
p. Dimensions of the wetland to be filled 1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
q. How will excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
Not applicable
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91
Name City of Wilmington
Address P.O. Box 1810
Wilmington, N.C. 28402
Name 0\, ,) nRSA (&AR'
Address a"7,;?- N : F i'_c)tJT S 1
J?Name C(y ??= A C' ?M1? C'c?? E_
{{?? Address ?1 0 - C ( N ; ST,
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
CAMA permit 4166-89 City of Wilm.
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-I to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
pioved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further 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
project.
This is the 7.6 Nday of ?. ?va? , 1915 .
X
Landowner or Authorized agent
'U
v (MAR 2 2 1995
DIVI&ON OF
COASTAL MANAGEMENT
4 3/91
FOnn DCM-MP-2 ?_ r \ r
U ,
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J MAR Z" 2 1995 J
MARWA
-, AST.AI MANAGEMENT
Attach this form to Joint Application for CAMA Major
Permit. Be sure to complete all other sections of the
Joint Application which relate to this proposed project,
including upland areas, even if duplicative. All shore-
based facilities must be included in application and work
plats.
1 MARINA CHARACTERISTICS
a. Check below the type of marina proposed.
Commercial XX Public Residential
b. Will the marina be open to the general public?
Yes
c. If there is residential development associated with
the marina, how many units or lots are planned?
None
d. Check all of the types of service to be provided.
Full service, including travel lift and/or rail
Dockage, fuel, and marine supplies
Dockage ("wet slips") only
Number of slips
Dry storage
Number of boats
Boat ramp(s)
XX Other (describey loa t ing dockage for
transient and/or pleasure boaters.
e. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin
and/or channel
XX Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for example,
open runabout, charter boats, sail boats, mixed
types). Mixed; Sail and power
Typical boat length 15 - 30 foot
9-
Maximum boat length 45 Feet
h.
i.
Are any floating buildings planned? No
If so, describe.
2 MARINA OPERATIONS
a. Check each of the following sanitary facilities which
will be included in the proposed project.
Office toilets
Toilets for patrons
Number Not
Location Applicable
Showers
Boat holding tank pumpout
Type and location
b. Describe treatment type and location for all sanitary
wastewater. Onboard initially,
Connection with city sewer may
occur in the future.
c. Describe solid waste, fish offal, and trash disposal.
City refuse collection
d. How will overboard discharge of sewage from boats
be controlled?
Rules prohibiting discharge
will be posted.
Give the location and number of "No Sewage
Discharge" signs proposed.
s;x signs posted along bulkhead
railing, one sign at each
gangway (2)
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as paint,
sandblasting waste, and petroleum products.
Not applicable
g. Where will residue be disposed of?
Not applicable
h. Give the number of channel markers and "No Wake"
signs proposed. None
Note: Regulatory signs such as these require additional
approval by the N.C. Wildlife Resources Commission.
L Give the location of fuel handling facilities and
describe the safety measures planned to protect area
waterquality. Not applicable
j. Describe design measures that promote boat basin
flushing or circulation and reduce water quality
impacts._ Daily tidal fluctuation,
3 - feet
k. What will be the marina policy on overnight and
live-board dockage? Transient boats
encouraged up to 48 ours;
long term dockage for mooring only
No live-aboards. ,
1. Is the proppoosed marina located near any shellfish
leases? NO If so, give the name and address of
theleaseholder.
m. If this project is an expansion of an existing marina,
what types of services are currently provided?
Dockage only
n. How many slips are now available?
/"
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