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HomeMy WebLinkAboutDEN 16-04 Carawan. 4 DIVISION OF COASTAL MANAGEMENT Application Processing Notes um 33— �'7'Ce Type: (check all that apply) . New Major Mod Permit #_ Minor Mod_ Renewal_ Transfer Permit Coordinator:i� rcS Field Representative Date ime Message ����� hnai NGWQG �✓ tom W Nt's f4v UYKVAU* ka s qvvNu (41 { rim 'kA& AVq 1� � V�o c,avAvA.vsk W�V Y 0n0 l`m �f�i/It�— r?a{I,cd 6vicwt ��f u cry+� 'b IWfWWr KiWL ©f D(AS t+lteht � -dAt M°r Mgl&jfiCa;ttnh t1,4ev )ssVIeA , 0S Spears Courtney From: Howell, Jonathan Sent: Friday, September 02, 2016 4:35 PM To: Spears, Courtney; Huggett, Doug; Hart, Kevin Subject: FW: Carawan Marina Denial Discussion I should have copied you on this reply Jonathan R. Howell District Manager Division of Coastal Management Department of Environmental Quality 252 948 3851 office Jonathan. Howell@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 -:^ Nothing Compares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Howell, Jonathan Sent: Friday, September 02, 2016 4:34 PM To:'Brian Rubino' <brubino@quible.com> Subject: RE: Carawan Marina Denial Discussion Hey Brian, the use of temporary logging mats to cross wetlands area as a means of construction is a common practice. I don't have your permit file in front of me, can you tell me the appeal deadline? Jonathan R. Howell District Manager Division of Coastal Management Department of Environmental Quality 252 948 3851 office Jonathan Howell(a ncdenr.gov 943 Washington Square Mall Washington, NC 27889 GS Nllrzv- Nothing Compares.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brian Rubino Imailto:brubino@auible.com] Sent: Friday, September 02, 2016 4:14 PM To: Hart, Kevin <kevin.hart[a@ncdenr.gov>; Howell, Jonathan <ionathan.howell ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov>; Huggett, Doug<doug.huggett@ncdenr.gov> Subject: Carawan Marina Denial Discussion All, Today I spoke with the owner, Phillip Carawan about what his goals are and possible options. I tried to call you all this afternoon and left messages, but I think this storm may have caused some early closures. I've also had a brief discussion with an attorney who may try to help us, but our goal is to come up with a solution and avoid appeals, and even variances, if at all possible. I very much would like to talk with you ASAP about whether Mr. Carawan and/or his contractor could use timber mats to access the western jetty location for construction. I know such mats are used all the time for logging operations in wetlands, so I think the Corps will be OK with it. My thought is that DCM might be able to also allow this as an exemption from the definition of development, or from the coastal buffer rule if we document that this will only be a temporary access to complete already CAMA permitted development work. I was thinking we could send DCM a letter describing the matting we would use, how long it would be there, and how we would assure that the area was fully restored to its natural condition after the rock is moved in. We realize we might not be able to get the entire jetty length done this way, but if we can get the nearshore part done this way, it greatly would help as the water depths are generally shallowest near the shore. There is no specific related language in the existing permit. In this scenario, the 404 area to be crossed would be temporary and the 30' buffer area would be fully restored upon completion. I understand that you cannot speak for USACE and DWR, but they have already indicated approval for permanent impacts here, so I suspect temporary crossing would be acceptable to them. If this is allowed by DCM, we can follow with confirmation from those agencies. It is important to know DCM's position ASAP since the appeal deadline is near. Thanks, Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. Coastal Management ENVIRONMENTAL QUALITY August 17, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED Phillip Carawan PO Box 164 Columbia, NC 27925 Dear Mr. Carawan: PAT MCCRORY r "w".... DONALD R. VAN DER VAART Sea rertn'r BRAXTON DAVIS Dwclo' This letter is in response to your application for a Major Modification to Permit No. 38-96 under the Coastal Area Management Act (CAMA), in which authorization was requested to fill Section 404 wetlands for an access road to facilitate the construction of previously authorized jetties and maintenance excavation of the channel adjacent to the Albemarle Sound, at 1218 Woodard Road in Tyrrell County. Processing of the application, which was received as complete by the Division of Coastal Management's Washington Regional Office on May 2, 2016 is now complete. Based on the state's review, the Division of Coastal Management has made the following findings: 1) The proposed project is a Major Modification to CAMA Major Permit No. 38-96. Major Permit No. 38-96, which was originally issued on March 15, 1996 to Mr. Warren Woodard, authorized excavation of a boat basin with a channel and boat ramp. Since the issuance of the original permit, there have been modifications and/or permit transfers, including the following: a) A Minor Modification issued on September 10, 1997 for construction of two wooden groins into the Albemarle Sound; b) A Minor Modification issued on October 7, 1998 authorizing the use of riprap to stabilize the east side of the canal; c) Permit No. 38-96 was transferred to Lilias J. Morison and Jennifer Frost on April 12, 2004; d) Permit No. 38-96 was transferred again on January 12, 2014 to Mr. Phillip Carawan. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fim) Phillip Carawan August 17, 2017 Page 2 e) A Major Modification was issued on February 27, 2015 which authorized construction of two rock groins, rip rap shoreline stabilization, and wetland excavation. 2) Major Permit 38-96 has been renewed numerous times and currently expires December 31, 2018. 3) The subject property is located adjacent to Albemarle Sound. 4) The proposed access road project would involve development within the Coastal Shorelines Area of Environmental Concern (AEC). 5) The proposed access road project would fill 5,321 square feet of vegetated Section 404 wetlands. 6) According to the workplan drawing submitted by the applicant (Sheet 1 of 1 dated revised 4/15/16), all of the proposed access road would be constructed within the 30-foot coastal shoreline buffer. 7) In accordance with 15A NCAC 07H.0208(a)(1), private roads are not considered to be water dependent development. 8) The area to be filled within the Coastal Shorelines AEC is not currently considered an existing impervious surface. 9) Based upon the preceding findings, the proposed project has been found to be inconsistent with 15A NCAC 07H.0209(b)(10(A), which states (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H.0208(a)(1) of this Section; (B) Pile -supported signs (in accordance with local regulations); (C) Post- or pile -supported fences; (D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet in width or less. The boardwalk may be greater than six feet in width if it is to serve a public use or need; Stale of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 Phillip Carawan August 17, 2017 Page 3 (E) Crab Shedders, if uncovered with elevated trays and no associated impervious surfaces except those necessary to protect the pump; (F) Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively exceed 200 square feet; (G) Grading, excavation and landscaping with no wetland f ll except when required by a permitted shoreline stabilization project. Projects shall not increase_stormwater runoff to adjacent estuarine and public trust waters; (H) Development over existing impervious surfaces, provided that the existing impervious surface is not increased and the applicant designs the project to comply with the intent of the rules to the maximum extent feasible; (I) Where application of the buffer requirement would preclude placement of a residential structure with a footprint of 1,200 square feet or less on lots, parcels and tracts platted prior to June 1, 1999, development may be permitted within the buffer as required in Subparagraph (d)(10) of this Rule, providing the following criteria are met: (i) Development shall minimize the impacts to the buffer and reduce runoff by limiting land disturbance to only so much as is necessary to construct and provide access to the residence and to allow installation or connection of utilities such as water and sewer; and (ii) The residential structure development shall be located a distance landward of the normal high water or normal water level equal to 20 percent of the greatest depth of the lot. Existing structures that encroach into the applicable buffer area may be replaced or repaired consistent with the criteria set out in Rules. 0201 and. 0211 in Subchapter 07J of this Chapter; and (J) Where application of the buffer requirement set out in 15A NCAC 07H .0209(d)(10) would preclude placement of a residential structure on an undeveloped lot platted prior to June 1, 1999 that are 5, 000 square feet or less that does not require an on -site septic system, or on an undeveloped lot that is 7,500 square feet or less that requires an on -site septic system, development may be permitted within the buffer if all the following criteria are met: (i) The lot on which the proposed residential structure is to be located, is located between: (I) Two existing waterfront residential structures, both of which are within 100 feet of the center of the lot and at least one of which encroaches into the buffer; or State of NonA Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252.264-3901 Phillip Carawan August 17, 2017 Page 4 (II) An existing waterfront residential structure that encroaches into the buffer and a road, canal, or other open body of water, both of which are within 100 feet of the center of the lot; (ii) Development of the lot shall minimize the impacts to the buffer and reduce runoff by limiting land disturbance to only so much as is necessary to construct and provide access to the residence and to allow installation or connection of (iii) Placement of the residential structure and pervious decking may be aligned no further into the buffer than the existing residential structures and existing pervious decking on adjoining lots; (iv) The first one and one-half inches of rainfall from all impervious surfaces on the lot shall be collected and contained on -site in accordance with the design standards for stormwater management for coastal counties as specified in 15A NCAC 02H.1005. The stormwater management system shall be designed by an individual who meets applicable State occupational licensing requirements for the type of system proposed and approved during the permit application process. If the residential structure encroaches into the buffer, then no other impervious surfaces will be allowed within the buffer; and (v) The lots must not be adjacent to waters designated as approved or conditionally approved shellfish waters by the Shellfish Sanitation Section of the Division of Environmental Health of the Department of Environment and Natural Resources. Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A- 120(a)(8) which requires denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or local land use plans. If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial letter. A copy of this petition should be filed with this office. Another response to a permit denial available to you is to petition the Coastal Resources Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal Resources Commission. Applying for a variance requires that you first acknowledge and recognize that the State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 Ftd 3. address on the reverse urn the card to you. to the back of the mailplece, 5,.1.., i t,lil-- �'�un�a7`Tt�C 9590 9402 1529 5362 7369 13 7002 3150 0003 9918 3041 PS Fonn 3811, July 2015 PSN 7530-02-000-9053 A. ature //�� X A. .I / / 1 ❑ Agent It YES, enterdel __._..-.belo...._... ivory atldress w: ❑ No 910,Pz9nd 3AI909 Y mvme rype Aduf Signature ❑ Prloriry Mail Expims4. ❑ Registered Mai1TM ❑ A9uR Signetwe Restricted Delivery BLertlfed Maile ❑ Registered Mall RaseiCw 11 Certified Mail Resrcted Delivery DDeBy. yIst LZer Receipt for ❑ Collect on Delivery Merceand,&e ❑ Collets on Delivery Resticted Delivery O Signnrum ConfrmelonTM nsured Mail ❑ Signature Confirmation nsured Mall Restricted Delivery Restricted Delivery Domestic Return u SP,+Ga I IF 111111111IM1911111111 it, 9590 9402 1529 5362 7369 13 United States Postal Service REDEIV f D 3 your name, /p akd N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28537 III'iil11ill 11111if q jillf lu lihl II ihhrhduUlmhr Phillip Carawan August 17, 2017 Page 5 Division of Coastal Management applied the Rules of the Coastal Resources Commission properly in processing and issuing this denial. You may then request an exception to the Commission's Rules based on hardships to you resulting from unusual conditions of the property. To apply for a variance, you must file a petition for a variance with the Director of the Division of Coastal Management and the State Attorney General's Office on a standard form, which must be accompanied by additional information on the nature of the project and the reasons for requesting a variance. The variance request may be filed at any time, but must be filed a minimum of six weeks before a scheduled Commission meeting for the variance request to be eligible to be heard at that meeting. The standard variance forms may be obtained by contacting a member of my staff, or by visiting the Division's web page at httn://deq.ncgov/about/divisions/coastal-management/coastal-mans eg ment- permits/variances-appeals . Members of my staff are available to assist you should you desire to modify your proposal in the future. If you have any questions concerning this matter, please contact Mrs. Courtney Spears at (252) 808-2808 extension 215. cc: Sincerely, Braxton C. Davis Director, NC Division of Coastal Management Col. Kevin P. Landers — U.S. Army Corps of Engineers, Wilmington, NC OCRM/NOAA, Silver Spring, MD a lim Eavironmeotal Quality CossW Mamgemm[ zn o `� 252-264-3901 I Spears, Courtney From: Bland, Raleigh W SAW <Raleigh.W.Bland@usace.army.mil> Sent: Thursday, July 28, 2016 7:37 AM To: Spears, Courtney Cc: Brian Rubino Subject: Phillip Carawan Working on the Mitigation Transfer Responsibility Form for the Carawan project and discovered that the GDSRB offer expired on September 30, 2015. 1 have requested their agent to update asap. It should only take a day or so and I will plan to have everything to you no later than Monday of next week. I am going to go ahead and draft our letter and then fill in the corrected dates as appropriate. Thanks! V/R Raleigh W. Bland, P.W.S. Regulatory Project Manager U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 910-251-4564 Spears, Courtney From: Bland, Raleigh W SAW<Raleigh.W.Bland @usace.army.mil> Sent: Tuesday, July 26, 2016 7:07 AM To: Spears, Courtney Subject: RE: 3 CAMA Reviews Will be meeting with Brian Rubino (agent) today on another matter and will ask him about a possible change in their mitigation package? Thanks! -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Monday, July 25, 2016 3:11 PM To: Bland, Raleigh W SAW<Raleigh.W.Bland@usace.army.mil> Subject: [EXTERNAL] RE: 3 CAMA Reviews Any update on the Carawan authorization? Next week, 8/3/16, is the 75 day for Mid -Atlantic Christian, is that your project? Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears@ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Bland, Raleigh W SAW [mailto:Raleigh.W.Bland@usace.army.mil] Sent: Friday, July 15, 2016 7:41 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: 3 CAMA Reviews Courtney, Spears, Courtney From: Hart, Kevin Sent: Monday, July 11, 2016 9:49 AM To: Spears, Courtney Cc: Howell, Jonathan; Huggett, Doug Subject: FW: Carawan Marina 404 Kevin Hart Division of Coastal Management Department of Environmental Quality 252-948-3936 office Kevin. hart@ncdenr.gov 943 Washington Square Mall Washington NC, 27889 Nothing Compares...._. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Scarbraugh, Anthony Sent: Monday, July 11, 2016 8:17 AM To: Brian Rubino <brubino@quible.com>; Bland, Raleigh W SAW <Raleigh.W.Bland@usace.army.mil> Cc: Hart, Kevin <kevin.hart@ncdenr.gov>; Tara Carawan <tcarawan76@yahoo.com>; phillip.carawan@yahoo.com Subject: RE: Carawan Marina 404 Mr. Rubino, The project will remain on hold until an inspection can be completed by this Office and all restoration activities have been completed. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraug h(cilncden r.gov 943 Washington Square Mall Washington, NC 27889 !-''Nothing Compares—,,,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brian Rubino Imailto:brubino@guible.com) Sent: Thursday, July 07, 2016 1:31 PM To: Bland, Raleigh W SAW <Raleigh.W.Bland(c@usace.armv.mil> Cc: Hart, Kevin <kevin.hart@ncdenr.gov>; Scarbraugh, Anthony<anthonv.scarbraush@ncdenr.gov>; Tara Carawan <tcarawan76@vahoo.com>; phillip.carawan@vahoo.com Subject: Carawan Marina 404 Raleigh, Thank you for meeting out at Carawan Marina yesterday to review the 404 area restoration and to assist with a delineation modification at the head of the 404 area in the vicinity of the pilings. As discussed, we will be surveying in the revised delineation area and will submit that survey to you with a revised JD request. As we discussed during our meeting, Mr. Carawan will complete the restoration in the impact area by final grading and installation of silt fence around the 404 area in that location. I will advise that the silt fence should be maintained over time. I appreciate your assistance with this project. I have copied Kevin Hart and Anthony Scarbraugh and I would like to request that the review of the CAMA Modification be taken off -hold so that the permit process can resume. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com T LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. Spears, Courtney From: Scarbraugh, Anthony Sent: Friday, July 08, 2016 5:02 PM To: Spears, Courtney Subject: RE: 2 CAMA permits Attachments: Weitzel-180 Tate Rd 401.pdf Courtney, As you are aware, Mr. Carawan is currently working to resolve a violation therefore until the violation is resolved the project is on hold. Mr. Weitzel project was issued some time ago and your office was copied. Please find attached a ecopy of the 401 certification issued on May 16, 2016. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources —Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 <' -!/'Nothing Compares._.,..-. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Wednesday, July 06, 2016 11:56 AM To: Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Subject: 2 CAMA permits Hi Anthony, Just wanted to follow up on two permit reviews. Mr. Mark Weitzel in Beaufort County to reconfigure a docking facility and Mr. Philip Carawan's project in Tyrell County. We are coming up on our 75 day deadlines for these projects in the next week and I wanted to see if you've had the chance to formulate comments. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtnev.soears(o)ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 �Nothiny Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Spears, Courtney From: Scarbraugh, Anthony Sent: Friday, May 27, 2016 2:39 PM To: Spears, Courtney Subject: FW: Carawan Marina Onsite Meeting Courtney, If a violation is found, the project will be placed on hold or possibly the application may be returned. Anthony Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources —Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 nr:' Nothing Compares__, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Scarbraugh, Anthony Sent: Friday, May 27, 2016 2:37 PM To: Brian Rubino (brubino@quible.com) <brubino@quible.com> Cc: Bland, Raleigh W SAW(Raleigh.W.Bland@usace.army.mil)(Raleigh.W.Bland@usace.army.mil) <Raleigh.W.Bland@usace.army.mil>, Hart, Kevin <kevin.hart@ncdenr.gov> Subject: Carawan Marina Onsite Meeting Brian, Per our conversation, the Division of Water Resources has received information that potential 404 wetland fill has occurred in an area located west and southwest of the existing boat basin at the Carawan Marina facility. After reviewing the Carawan Marina Major Application figure received by this Office on May 5, 2016 and latest aerial from April 9, 2016, fill material may exist within delineated area of 401/404 wetland. I propose an onsite meeting to confirm if a violation exists and discuss potential resolutions. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources —Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbrauoh(a)ncdenr.gov 943 Washington Square Mall Washington, NC 27889 Nothing Compares..-..... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Hui gett, Doug From: Lopazanski, Mike Sent: Tuesday, August 16, 2016 11:25 AM To: Huggett, Doug Subject: Fwd: draft denial for Phillip Carawan Sent from my Verizon Wireless 4G LTE smartphone -------- Original message -------- From: 'Davis, Braxton C" <Braxton.Davis@NCDENR.Gov> Date: 08/16/2016 8:37 AM (GMT-05:00) To: "Lopazanski, Mike" <mike.lopazanski@ncdenr.gov> Subject: RE: draft denial for Phillip Carawan I'm good with this, thanks Braxton C. Davis Director NC Divisions of Marine Fisheries and Coastal Management Department of Environmental Quality 252 808 8013 Marine Fisheries Office 252 808 2808 x202 Coastal Management Office Braxton. Davis(o)ncdenr. gov Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lopazanski, Mike Sent: Monday, August 15, 2016 5:40 PM To: Davis, Braxton C <Braxton.Davis@NCDENR.Gov> Subject: FIN: draft denial for Phillip Carawan I'm ok with this one as we discussed this project last week. If you're good, we can stamp your signature. From: Huggett, Doug Sent: Monday, August 15, 2016 2:43 PM To: Lopazanski, Mike <mil<e.lopazansl<i@ncdenr.gov> Cc: Spears, Courtney <courtnev.spears(@ncdenr.eov> Subject: draft denial for Phillip Carawan atatched Doug Huggett Manager, Major Permits and Federal Consistency Section North Carolina Division of Coastal Management d o u s. h uaee tWZD n cd e n r.aov (252) 808-2808 ext. 212 6 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANTS NAME: Phillip Carawan 2. LOCATION OF PROJECT SITE: The Project site is located off SR 1218 Woodard Road adjacent the Albemarle Sound east of Columbia in Tyrrell County, North Carolina Photo Index— 2006: 130-6939 (L4,L5,M5M6) 2000: 130-1528 (IA,L5,M4,M5,M6) State Plane Coordinates - X: 2,94,000 Y: 824600 (Columbia East -Upper Left Comer) 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4-26-2016 6-2-2015 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received - 2 May 2016 5N Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan —1996 Tyrrell County and Town of Columbia Land Use Plan Land Classification From LUP; Limited Transition (Land) and Conservation (Water) (B) AEC(s) Involved: EW,CS,PTA (D) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing — Access Channel, Boat Basin, Docking Facility, Boat Ramp, gravel parking and drives, fish house, concrete pad (permitted not constructed), riprap jetties (permitted but not constructed) shoreline stabilization (permitted but not constructed), channel markers (permitted but not constructed). Planned - Wetland fill (G) Estimated Annual Rate of Erosion: 1 ft to 2ft per year Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 5321W B Sound and Canal Bottom (C) Uplands (D) Total Area Disturbed:5321ft2 MAY 0 9 2016 (E) Primary Nursery Area: No (F) Water Classification: SB Open: NO DCM- MHD CITY 8. PROJECT SUMMARY: The applicant proposes to fill 404 wetlands for an access road to the Albemarle Sound near Columbia in Tyrrell County. Phillip Carawan Carawan Marina Tyrrell County Major Modification to Permit No. 38-96 PROJECT SETTING Quible and Associates, P.C. has submitted a CAMA Major Modification request for Phillip Carawan to modify an existing commercial fishing manmade basin (formerly Woodards Marina) on the Albemarle Sound. The 356 acre project site is located at the end of Woodard Road off of Deweys Pier Road (SR 1218) east of the Town of Columbia, in Tyrrell County. There is an existing active Major CAMA permit (38-96) that permitted a 25ft wide by 225ft long by -6ft below Normal Water Level (NWL) access channel into a 23ft wide by 150ft long by -6ft below NWL canal. This permit was modified in 1997 for two 150ft wooden jetties (with a height not to exceed 6inches above NWL) to stabilize and protect the access channel. These jetties have not been constructed at this time. These jetties were permitted as a compromise between the former owner of the property and the resource agencies after longer rip rap jetties had been proposed. The property was sold to a new owner that modified the permit in February 2015 to include two rip rap jetties (175ft and 183ft long averaging 20 feet base width), rip rap 628ft by 1 Oft of the shoreline, bulkhead 300ft of the canal and expand the entrance canal to 60ft by 250ft by -6.5ft below NWL and the channel to 60ft by 300ft by -6.5ft below NWL. At this time the structures permitted in February 2015 have not been constructed. Currently the site includes 27 boat slips, a fish house, gravel parking and driveways, and a boat ramp. A 47ft by 76ft roofed concrete pad adjacent to the fish house has been permitted but not built at this time. Fishermen store their crab pots and other commercial fishing gear onsite. The site is surrounded by agriculture to the south and forested wetlands and agriculture to the west and east. Due to regular shoaling there has been routine maintenance excavation at the mouth of the channel in 4 of the last 6 years (2016, 2014, 2013, and 2010). These requests have been made to perform excavation during the Anadromous Fish Spawning Area moratorium to allow safer navigation during the crab fishing season. The Albemarle Sound at the project site is classified as SB by the Environmental Commission and as Coastal by the Marine Fisheries Commission. The Albemarle Sound is approximately 7.5 miles wide at this location. PROJECT DESCRIPTION The applicant is requesting to construct a 265ft by 20ft access road through 404 wetlands (5,321ft2) for construction of the permitted jetties and maintenance excavation of the channel. The applicant is proposing mitigation through on -site wetland conservation (5:1). ANTICIPATED IMPACTS The wetland fill will convert 5,321 ftz of vegetated wetlands to uplands. RECEIVED MAY 0 9 2016 DCM- MHD CITY DCM MP-9 0 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name Project Name (if applicable) Carawan Marina Applicant 1: First Name Phillip MI Last Name Carawan Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box P.O. Box 164 City Columbia State NC ZIP 27925 Country USA Phone No. ext. FAX No. - - Street Address fit different from above) City State ZIP Email 2. Agent(ContractorInformation Business Name APR 2 5 20% Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name `'1, �t g� i Brian D Rubino Wt Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city State P.O. Drawer 870 Kitty Hawk C ZIP Phone No. 1 Phone No. 2 27949 252-261-3300 ext.240 FAX No. Contractor # 252 261 1260 Street Address ff different from above) City State Juniper Trail Southam Shores NC 7115"A8 7949 - Email brubino@quible.com D Q <Form continues on back> MAR 2 9 2016 11 TY 252.808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Tyrrell Woodard Road 1218 Subdivision Name City State Zip None Columbia NC 27925 - Phone No. Lot No.(s) (tl many, attach additional page with list) ext. N/A, , I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Boat Basin and Albemarle Sound 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 Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed []Yes ONO work falls within. Tyrell County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 4,725 ft 15,507,360 sq.ft. (356 ac.) c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal water level) 5 ft ❑NHW or ®NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract managed crops, hardwood trees (black gum, cypress, oak), pines, upland and wetlands herbaceous species f. Man-made features and uses now on tract D A�F.�il C `' boat basin, docking facility, boat ramp, gravel parking and drives, fish house � APR 2 5 2016 g. Identify and describe the existing land uses adiacent to the proposed project site. Residential Uplands and Undeveloped Wetlands W A KU h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, H applicable) ❑Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No RECEI k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA MAY 0 9 2 If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does @ involve a []Yes ®No ❑ _ I'll National Register listed or eligible property? <Form continues on next page> i MAR 2 9 2016 ED 16 CITY 252-808.28CS .. 1.&I6-41RCOAS1 .. www.ncccastalmInage Form DCM MP-1 (Page 3 of 4) APPLICATION for CS Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (it) Are there coastal wetlands on the site? []Yes ®No (III) If yes to either (1) or (III above, has a delineation been conducted? ®Yes []No (Affach documentation, if available) n. Describe existing wastewater treatment facilities. None; currently no septic or drainfield o. Describe existing drinking water supply source. There is an existing on -site well located near the loading dock used for wash -down purposes only p. Describe existing storm water management or treatment systems. No SWMP 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Commercial marina for fishing operations 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. Long reach excavator, dump trucks, barge -mounted excavator, material (hopper) barge �g 8"g d. List all development activities you propose. Section 404 wetland fill (5,321 sq.ft.) to access western jetty APR 2 5 2016 p t: e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or []Acres 5" 321 g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. surface water runoff RECEI 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 DCM_ MH j. Is there any mitigation proposed? []Yes []No ®NA If yes, attach a mitigation proposal. f� oaf E 6 <Form continues on back> I MAR 2 9 2016 ✓ED 1016 CITY 252.808.2606 :: 1.868.411 :: www.nccoastalma� agerr� rc per, y.1 M B'l1 I....1 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) - (t) 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 We to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. 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 Collon Snell Phone No. Address 11450 US 17 North, Vanceboro, NC 28586 Name Wingate and Lucille Joyner Phone No. Address 134 Beachwood Road, Ahoskie, NC 27910 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. CAMA Major 38-96 h. Signed consultant or agent authorization forth, if applicable. "'PR 2 5 2016 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) WAKU 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. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only thi The project will be subject to the conditions and restrictions contained in the permit. the application. 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 3_ITt?0\6 Print Name Qwr\or Pht\\rp CGlc,w&-% , Syc,+ eok Yj!'i 4n (4y6 n0 Signature �/i/✓� Qry� A'WW'�� D Please indicate application attachments pertaining to your proposed project. MAY U 9 2016 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development r (�(`11A_ MHp !CITY ❑DCM MP-4 Structures Information (a,,�6�'Ar/p� MAR 2 9 2016 252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmalnagel )w9014 _ CS Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline N W L) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of matedal to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), _ or other wetlands (WL)? If any boxes are checked, provide the l ' number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None APR 2 5 2016 (ii) Describe the purpose of the excavation in these areas: "�Li0 2. DISPOSAL OF EXCAVATED MATERIAL ® This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (II) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑m ❑NA RECEIVED (ii) If yes, how much water area is affected? j 1 1 �(� 1 M H D CITY VAR °- 2R 2552-808.2808 :: 1.888-4RCOAST :: www.nccoastaimanaaement.neY �. �t�I IL �� +�, egi5sed: 12/26106 C5 3. SHORELINE STABILIZATION ®This section not applicable (It development is a wood groin, use MP-4 — Structures) a. Tvoe of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other: _ Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill_ Other_ I. Source of fill material. I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water 0 (III) Dimensions of fill area 265, x 20' (iv) Purpose of Till To provide access to the west side jetty for construction and long tens maintenance and repair. This will also serve as a water dependent area aling the existing man-made canal and basin which is integral to the operation of this commercial manna suomergeu aqueuc vegemuun to'+x/, snee wu.an twf..., other wetlands (WL)? If any poxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB OWL 5,321 sa.ft. ®None (ii) Describe the purpose of the fill in th a areas: to provide access to the west side j tty for con Ftr long term maintenance and repair 15. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., draglins, controlled? backhoe, or hydraulic dredge)? Site will promptly be seeded after grading. long reach excavator, backhoe, vibratory hammer, dump truck c. (1) Will navigational aids be required as a result of the project? ❑Yes E]No ®NA (ii) If yes, explain what type and how they will be implemented. markers already permitted d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Use of low ground pressure or track -mounted excavators and timber matting if necessary �.rv.� rr,ti,.,�q N��y`zoib Project Name MAY 0 9 2016 Date... (�r;o+ o Rrn�no Ag �" (>?,,:,AA4 ?Arse. P.C. plican QLa e swan ., JP Applicant Name ��V � 252.808-2808 :e n-888-4RCOAST :: wwwr.nccoastalmanagemeent.net revised: 12/26/06 Carawan Marina March 15, 2016 Cs Tyrrell County, North Carolina CAMA Major Permit Narrative Modification Request (This is to accompany the overall Project Narrative that describes economic need and background) Prior to construction of the items permitted in CAMA Major 20-15 on 2/10/2015, Philip Carawan would like to modify the existing permit. Based on our last interagency scoping meeting that was primarily intended to discuss a proposed jetty widening and alternate construction methods, including a pile -supported timber "crib system" with rock. It is currently the intention of Mr. Carawan to build the jetties as currently permitted (without modifications), but he would like to reserve the ability to discuss jetty widening in the future. Proposed modification work includes: Section 404 Wetland fill (5,321 sq.ft.) to access the western jetty. This proposed fill would allow access to the jetty for construction and maintenance. Without this area of impacts, land - based access to the jetty would have to include matting through a Section 404 area. This area would include sand fill with a gravel or shell surface. It is understood that USACE and DW R will require compensatory mitigation for this proposed activity to offset fill impacts proposed. Please see the attached June 15, 2015 memorandum related to the mitigation plan along with the mitigation bank acceptance letter. jC t 1 AFR 2 S 2016 VVA R0 RECEIVED MAY 0 9 2016 DCM- MHD CITY DDI MAR 2 9 2016 WAR 65 Carawan Marina Tyrrell County, North Carolina I D Cy Epk AWL CAtinA MPSC 2 ` D 67 CAMA Major Permit Narrative I! Economic Benefits and Need for Improvements Tyrrell County, along with other northeastern North Carolina counties, is considered a Tier 1 (distressed) County by NC Department of Commerce. In recent times, both agriculture and manufacturing have declined sharply, and traditional manufacturing is virtually non-existent. Tyrrell County is currently the least populated county the state and has suffered from a population decrease of approximately 7% since 2010. Philip Carawan, owner of Captain Neill's Seafood, one of the largest employers in the County, is involved in the seafood industry, including processing, sales and commercial fishing. The Albemarle Region of eastern NC has historically been recognized as a top seafood producer. With many coastal fish houses and marinas in coastal NC having been shut down, in large part from change of use of the coastal waterfront, it is important to identify and preserve key existing facilities. Mr. Carawan purchased the subject property in 2013 for its' existing boat basin and commercial fishing port capabilities. The nearest Albemarle Sound commercial fishing ports are Alligator River Marina (-15 miles from Carawan's Marina) and Mackey's Marina (-24 miles from Carawan's Marina). Captain Neill's Seafood is an extremely important part of the local economy which currently employs approximately 150 people in the seafood processing operation and is directly associated with approximately 45 fishing boats (private operations with 2 people per boat). In addition to the approximately 240 person direct salary positive impacts associated with the operation, there are extensive secondary positive impacts to the economy. The operation affects nearly every business in Tyrell County, including utility companies, grocery sto s, ql � stations, etc. Most of this cannot be accurately quantified, but as an example, the mo �lfg water bill for the company is commonly over $10,000. APR 2 5 2016 Background The subject property is an approximately 356 acre tract of land in Tyrrell County, on We Albemarle Sound, to the north of the Town of Columbia. The property is accessible from Deweys Pier Road which leads to Woodard Road. The property contains a man-made basin boat basin that is connected to The Albemarle Sound. CAMA Major Permit 38-96 was originally issued in 1996 for the excavation of an upland basin in high ground, maintenance excavation of an access channel in the Sound (to -6 ft NWL), dockage structures and a boat ramp. The permit was modified in 1997 to include construction of a bulkhead around the perimeter of the boat basin, construction of a bulkhead in each side of the entrance canals and construction of (2) 150 ft wooden groins into the Albemarle Sound. RECEIVED This work is permitted, but not yet built at this time. In 2011, a wetland delineation was performed and confirmed by USACE on the northern MAY 0 9 2016 (waterward) 120 acres of the subject tract. The upland areas of the property consist of DC M- M H D C Il agricultural fields and some wooded uplands. The wetland areas are imarilwo d VAR 2 9 2016 1 A V9