HomeMy WebLinkAbout20070437 Ver 1_CAMA Application_20070312,~F~~ 2C070437
~~_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 9, 2007
MEMORANDUM:
TO: Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
FROM
SUBJECT
Applicant:
Doug Huggett
Major Permits Processing Coordinator
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CAMA/DREDGE & FILL Permit Application Review
John B. Styron, Jr.
Project Location: 451 Goose Nest Lane (SR 1433), Harvey Neck Com., Perquimans County
Proposed Project: Replace 150-foot long bulkhead; replace pier
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/30/07, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kim Hedrick at (252) 264-3901. When
appropriate, in-depth comments with supporting data are requested.
REPLY:
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED
DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
i
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT' S NAME: John Styron, Jr.
2. LOCATION OF PROJECT SITE: 451 Goose Nest Lane (SR 1433), Harvey Neck Community,
Perquimans County, adjacent to Albemarle Sound.
Photo Index - 2006: 157-6917 (O-7) 2000: 157-1789 (O-7) 1995: 157-1614 (P-8)
1989: 116-7 (M-18) 1984: 114-791 (R-17) 1979: 126-1582 (K-6)
State Plane Coordinates - X: 2,779,237 Y: 860,701 Weeksville, NC L.L
GPS - B022716B
3. INVESTIGATION TYPE: CAMA, D&F
4. INVESTIGATIVE PROCEDURE: Date of Site Visits - February 27, 2007
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete - March 9, 2007
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Perquimans County
Land Classification From LUP - Conservation
(B) AEC(s) Involved - PTA, EW, and ES
(C) Water Dependent - Yes
(D) Intended Use - Private, Residential
(E) Wastewater Treatment: Existing - Septic System
Planned - N/A
(F) Type of Structures: Existing - Failing bulkhead and pier, single-family dwelling, garage
Planned - Bulkhead and pier replacement
(G) Estimated Annual Rate of Erosion - 0 feet/year and 10 feet/year in failed bulkhead area
Source -Applicant
7. HABITAT DESCRIPTION:
[AREA]
T)T4TTTRRRT) FTLLED SHADED
bulkhead
(A) Public Trust Area, Estuarine Waters N/A 748 sq. ft. 486 sq. ft.
Bulkhead tiebacks Escarpment fill
(B) Uplands, within Estuarine Shoreline 1,410 sq. ft. 112 sq. ft N/A
AEC
(D) Total Area Disturbed -
(E) Primary Nursery Area
(F) Water Classification -
2,756 sq. ft. (0.06 acres)
- No
SB Open - No
8. PROJECT SUMMARY:
The applicant proposes to replace a 150-foot long wood bulkhead and replace existing pier remnant
with a 69-foot long by 6-foot wide pier with a 6-foot long by 12-foot wide "T" platform at 451 Goose
Nest Lane (SR 1433), Harvey Neck Community, Perquimans County, and on the Albemarle Sound.
John Styron, Jr.
Field Investigation Report
Page 2
PROJECT SETTING
The property is a 42,150 square foot (0.97. acre) lot located at 451 Goose Nest Lane (SR 1433), Harvey
Neck Community, Perquimans County, adjacent to the Albemarle Sound. The property has an elevation
of approximately 8 feet above normal water level (NWL) and has Chapanoke silt loam soils. Vegetation
on the property consists of native lawn grasses and native shrubs along the riparian property line to the
west. Existing structures on the property include asingle-family dwelling on a septic system with a
detached garage, remnant pilings and platform of a pier, and 94-feet remaining intact of a 150-foot long
wood bulkhead. The applicant was issued General Permit #36141A on March 15, 2004 for emergency
repair to pier and bulkhead following Hurricane Isabel.
Goose Nest Lane runs parallel to Albemarle Sound and has approximately thirty lots of similar size
adjacent Albemarle Sound located immediately west of Harvey Point Defense Testing facility.
Approximately two-thirds of the lots on Goose Nest Lane have been developed with single-family
dwellings. The riparian property to the east of the applicant's property has recently been cleared and a
single-family dwelling on a septic system, wood bulkhead, and boat ramp have been constructed under
CAMA Major Permit #76-05. The riparian property to the west has asingle-family dwelling on a septic
system, wood bulkhead, pier structure, and pile supported fence along property line perpendicular to
Albemarle Sound.
No Coastal Wetlands, Section 404 Wetlands, or submerged aquatic vegetation (SAV) were observed on the
property on February 27, 2007. The water depth close to shore ranges from -0.5 feet to -2.0 feet and
gradually deepens to -3 feet at waterward end of proposed pier structure. The waters of Albemarle Sound
along the area of the applicant's property are not primary or secondary nursery areas, are closed to
shellfish harvesting, and are classified as SB waters by the Division of Environmental Management.
Reviews of available information suggest there are no known archeological sites or geologic formations
associated with the applicant's property.
On September 1, 2006, tropical storm Ernesto caused the applicant's bulkhead to fail in the corner
adjacent the riparian property to the east. Due to bulkheads being located on either side of the failed
area, the accelerated soil erosion behind the exposed area of the bulkhead became a 56-foot wide blowout
area in the bulkhead. The erosion escarpment is currently located 18-feet landward of failed bulkhead
area and is approximately 6-feet in height.
DEVELOPMENT PROPOSAL
In order to prevent further erosion, the applicant proposes to replace a 150-foot long damaged, wooden
bulkhead by constructing a new 150-foot long wooden bulkhead to connect with the corner of the existing
bulkheads to the east and west and have a straight alignment. The proposed bulkhead alignment will be
located 2-feet waterward of existing wood bulkhead for 941inear feet and have a maximum distance of
10-feet waterward of NWL in the 56-foot wide failed area. The average distance of the entire bulkhead
alignment will be 4.5-feet waterward of NWL. Clean, dry fill will be used for backfill from an upland
pit. The tieback area will extend approximately 15-feet landward of the bulkhead sheathing, and the
bulkhead will be constructed with a silt cloth on the landward side prior to backfill. The applicant is
requesting this bulkhead alignment to regain lost uplands and to prevent further erosion. The erosion rate
is 0 feet/year in the section of bulkhead that has not yet failed, and 10 feet/year in the failed area.
f
'~ ~ John Styron, Jr.
Field Investigation Report
Page 3
The applicant proposes to remove all remnants of existing pier structure and construct a 69-foot long by
6-foot wide pier to a 6-foot long by 12-foot wide "T" shape platform. No mooring slips are currently
being proposed. The proposed pier structure will be located 50-feet from the riparian property to the
east. The platform will be located in approximately -3-feet water depth. The proposed pier will extend
75-feet into Albemarle Sound. The adjacent pier to the west extends 110-feet into Albemarle Sound. The
Albemarle Sound in the location of the applicant's property is 10 miles wide.
ANTICIPATED IMPACTS
The proposed bulkhead alignment with backfill will result in the filling of approximately 748 square feet
of Public Trust Area (PTA), Estuarine Waters (EW) Area of Environmental Concern (AEC).
Approximately 50 cubic yards of fill material will be placed below NWL for the backfill. An additional
approximately 112 square feet of fill material will be placed in the escarpment area located inside the 30-
foot buffer in the Estuarine Shoreline (ES) AEC. There will be a total of approximately 172 cubic yards
of fill that will be brought in the ES AEC to match grade to bulkhead. Approximately 1,410 square feet
of ES AEC will be disturbed for tieback area of the 94-foot long bulkhead section to be replaced two feet
waterward existing wood bulkhead.
The proposed shoreside dock will shade 486 square feet of Public Trust Area (PTA), Estuarine Waters
(EW) AEC. There are no expected navigational impacts due to the pier structure.
Temporary water turbidity will occur during construction. The use of a filter cloth behind the bulkhead
will minimize future erosion and turbidity.
Submitted by: Kimberly Hedrick
Date: 03/09/2007
Farm DCM-MP-1 RI:C~IVll3
1VC DENR
~~
AT
F 7
LI EB 2007
PP
A
(To be completed by ell applicants) COASTA! MANAGEMENT
. ~ Elizabeth Cffy
b. Ci ,town community or landmark
~'~T~~'/ TowNs~r~~rRrFoROf
1. APPLxcA.rrT
a, Landowner:
Name
Address tlr~ ~ nnr/ of ACT LAME--
Ciry Nr R - F0 rR !~ __ 3tate~
Day Phone ~ c ~ -426_-/ 73I
Zip'2-2~-
Fax
b. Authorized Agent:
Name _.y
Address
City State
Zip Day Phone
Fax
c. ~' Street address or seco~ ary road number
/^,
d, Is proposed work within city ~ .iNo r planning
jurisdiction? .^~ Yes
e. Name of body of watgr nearest project (e.g. river,
creek, sound, bay) 'Q r .c Gayt,d Lit ~ SD u nId
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all' development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities. ~_
P/'R ~/tL Rrl9 /3~~~n/C /_3~~c%~NcrAd
b. Is the proposed activity maintenance of an existing
project, new work, or both? ~ '^ •~ r< -,~~ r"
c. Will the project be for public, private or commercial
use? l p A T~ -
c, project name (if any)
NOTE: Pcrndt will be issued in name of laridowrser(sJ, and/or
protect .
~. LOCATION OF PROPOSED
PROJECT
d. Give a brief description of purpose, use, methods of
construction and daily operations of~peroa~oased
project. If more• space is needed, p
addidonalpages. '~.4~R ar~~~l~~=~e d~--
~EPLALE f rl-f N o R w~.~ ~ Gor~sF~ trcTiQn!
~-- .
~-/1~ </nab. lS/~Ct1 ICIL[.
/SRV a~,4~1 ~/L~ lurnorL ~iL~F~S~.Z_
,G - u v nl
= wl v
a. County ~ ~~'4 ~'' • • ~ ;A/4A.~S -
ANC DENR
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract ~ ~ ISO
b. Size of individual lot(s) ~~~
c. Approximate elevation of tract above IvfIiW or
Nvvl. ~3 ~r -
d. Soil type(s) and texture(s) of tract
G L~ Y l~n~ n C /a-n~/~ -
e. Vegetation on tract GR~ CS
f. Man-made features now on tract S~~GC~ G,~icy
f~ o wt ~-~ /f-~J a rJ ~'fN-cl~~ GAn vOG~
g. What is the CAMA Land Use Plan land
classification of the site? (co-uult rl,e tonal Imtd use P~.J
_ /L Conservation 'Transitional
Developed Community
Rural Other
.^
h. How is the tract zoned by Local government?
N /~ -
i. Is the proposed project consistent with the applicable
zoning? ~/ Yes No
(,lttach tatsing eompliarsce eertlfieate, tfopplicableJ
Has a professional
done for the tract?
If yes, by whom? ,
azchaeological assessment been
yes r/ No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
y~ / No
____~_
1, Are. thererlands on the site? Yes t/ No
CQ~~,mazsh) Other
If yes, has a delineation been conducted?
(,4rrach docsu+seruvtiox, if crn,~lablel
FEB 7 2007
CO Eli abets fh Cffy ENT
m. Describe existing wastewater treatment facilities.
Oll!
a. Describe location and type of discharges to waters
•• of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
S uRF~4~r"" 1R4~ o~ -
o. Describe existing drinking water supply source.
G o un1 Ty W AT~R ~S YsTZ"/til
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 77.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other lazger plats aze acceptable only if an
adequate number of 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
~~C ~~R
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proo[ that such owners
have received a copy of the application and pints
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~eofapCpi ~t
Management. Upon signing this form,
further certifies that such notice has been provided.
Naine~ s - ~~efi=J,cot
Address NL ~ ~ y~yc
Phone ~ "
Name ~ d
f lr~7C Cr-' Al L~~ ~%-2~iGoen
Address ~~~ . _ _ _ N~ a~~~y
Phone
Name
Address
Phone
• A list of. previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
FEQ `~ 200
~®~ ~~ b Ph1AGEMIE[VT
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND '
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 conditions
and restrictions contained ~n the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
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.
This is the _~ day of , G'Q ~ ~-~-~°~
Print Name ,1 ~ 1-i~ T ~ ~ ~ o- ~ - ~-$
Signature
caner or ,4 wed rnt
1h
• A ~~ for m de payable to the Department of
Environment ~ ealththe codsts of p ocessing rthe
(DEHIdR)
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet azeas. N~~
• A statement of compliance with the N.C.
~vironmental Policy Act (N.C.G.S. 113A - 1 to
10) If file proj~t involves the expenditure of public
funds or use of public land's, .attach a statement
documenting compliance with the North Carolina
Environmental Policy Act, ~/~tq
Please indicate attachments pertaining to your proposed
project.
-,~ DCM N1P-2 Excavation and Fill Information
DCM MP-3 Upland Development
__~_/ DCM MP-d Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Mazina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each farm.
f~`,T , ..
:~.~'y.~ .. <.:
~~:
.....~...•.,~•..~... _...w.
'sxcept bridges and culverks)
.ttach ~ f o ~ Jlyf'p 1 A Belsure to complete aIi other
ermit, Form
~;tions of the Joint Application that relate to this proposed
roject.
Describe below the purpose of proposed excavation or hll
ctivities. All values to be given in feet.
' ~/~ Ave:vge Fint+1
r a...,rl, Width E7dstiu$ ~4i~
Access channel
(tviLV~ or (I`~I-)
Canal
Boat
basin
Boat
rang
Rock
groin
Rock
breakwater
Other
(Ezctuding
shorelisie
stabi]izaaon)
~ECEt1/E!~
NC E~ENl~
~E~ `~ 2001
~®A3Ti4i. ~/WNpGE~iENT
Ellzalaefh Git~/
1. EXCAVATION ~N~~~ ,
a. Amount of material to be exea~~~ from below
MI-IW or NWL in cubic yards
b. Type of material to be excavated N ~~
c. .Does the ~ area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? 1~-1'es No
d. Highground excavation in cubic yards ~---
2. DISPOSAL OF EXCAVATED
MATERIAL ~/
a. Location of disposal area
b. Dimensions of disposal area ~ /'~ -
c. Do ou claim title to disposal area?
Yes No
If no, attach a letter granting percussion from the
owner.
d. Will a disposal area
mai-nteaance? /.~ Yes
If yes, where? -
be available for future
No
e. Does the disposal area include any coastal wetlands
(mar h), SAVs or other wetlands?
Yes No
NC ®F6~R
~~~ `~ 2007
:Farm D~Mp-2 .
3, cgO~ STABILIZATION
~®ASY~9. i~1,4iVAGEMEi~
Elizataeth ~fty
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area .
a, Type of shoreline stabilization '
_ /L_ Bulkhead ~prap
b Length _..../ ~ ~ ~T
c. Average dist~ ~ waterward of MHW or NWL
d. Maximu ~ ~ ~~e waterward of MHW or NWL
e. Shoreline ~ o2si/oen~ wring preceding 12 months
(Sourcj rrrtation) Q,dCC=RU~4rivnl aF~4POLI C~nJT
f. Type of bulkhead or riprap material .fit o o l~. R~~ ~ia~:~4~
_ '
(?) Purpose of hl!
5. GENERAL
a. How will excavated or till material be kept on site
and erosion controlled'? ~~« rH~T~Rt~4L W~c.C
1'~F ~rL/1/LrQ~'D /-'Rv~f+~ uAc~.uD /~~T A-~!
-~n~ ~~ll 13~N~y/,o N~wl ,~uckl/c~.t?
~"o cb~ rka. ~-~R vS/ CAN
b. What type of construction equipment will be used
(for example, dragline, baclchoe, or hydraulic
dredge}?
Q A c I~LJ~vr'~. T„~7'_0~. DuHA 7Q ~ cif
g. Amount of fill in cubic yards to be placed below water
level
(1) Riprap c'
(2) Bulkhead backfill -~{.~5 ~~ ~'?1c Y~'Rpr
h. Type of fill material r t r.2~n/ t0 R y /= / L.L
i. Source of fill material U /' «-~ ~~ T
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization) _ ~ /~
_ /---
Will wetlands be crossed is transporting equipment
to project site? Yes _~ No
If yes, explain steps that will be taken to lessen
environmental impacts.
J o/-~~J T CT ~2ma--, JR
Appliclat ur Projec:t Ns e
Si lure
_ ~1~~/~~
Datc
a. Will fill material be brought to site?
Yes No
If yes,
(1) Amount of material to be placed in the water .
(?) Dimensions of fill area
(3) Purpose of fill
Form DCM-MP-4
STRUCTURES
(Construction within' Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(l) ____ Commercial .,-Community ~ Private
(2) Number ~
(3) Length 64 Fr
(4) Width 6 FT
(5) Finger Piers Yes / • No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) / Yes No
(i) Number ~
(ii} Length ~ ~f
(iii) Width I1 G
(7) Number of slips proposed ~
(8) Proximity of structure to adjacent riparian
property lines SO Ft
(9) Width of water body $ M! ~-'S
(1d) Water depth at waterward end of pier at
MLW or NWL _ ~ ~ f
b. Boathouse (inciuding covered lifts) /1//i4
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) Af ~~}
(1) Number
(2) Length(s)
__ _ _ -- _
_.
d. Breakwater (e.g. wood, sheetplle, etc.)-
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
~ECEI1/E~
1110 ®IrRIlR
~~~ ~ 2007
~DASTi41. f~IAGEMEIif~
EI(~dbeth Cif
e. Mooring buoys ~1~14
(~) ____ Commercial -Community .._. Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(~ Distance buoy(s) to be placed beyond
shoreline
Mooring structure (boatlift, mooring pilings, etc.} ~(/~/}
(l) __._ Commercial ,rCommunity _ Private
(2) Number
(3} Length
(4) Width
g. Qthef (Clue romplete descrip8on)
..J o~fn,1~TY,2oicl,J~P
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MAJOR PERMIT FEE MATRIX
Applicant: John T. Styron, Jr.
Selection Development Type Fee DCM % DWQ
(14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
I. Private, non-commercial
development that does not $250 100% ($250) 0% ($0)
.;: ~; involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not $400 .100% ($400) 0% ($0)
involve the filling or
excavation of any wetlands
or o en water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below a lies:
III(A). Private, non-
commercial development, if $250 100% ($250) 0% ($0)
General Water Quality
Certification No. 3490 (See
attached can be a lied:
III(B). Public or commercial
development, if General $400 100% ($400) 0% ($0)
Water Quality Certification
No. 3490 (See attached)
can be a lied:
III(C). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3490 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
I-I(D). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3490 (see attached) cannot
be a lied:
IV. For development that
involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
o en water areas: