HomeMy WebLinkAbout20130253 Ver 1_CAMA Application_20130313......'�' 0130253
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
March 7, 2013
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Karen Higgins, Webscape Unit Supervisor
Division of Water Quality - Raleigh
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
John H. Forbes, Jr., & The Bank of Hampton Roads
East side of Aydlett Road in Poplar Branch, Currituck County
Excavate drainage ditch, re- establish connection to Currituck Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Ron Renaldi 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.
SIGNED
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252 - 264 -39011 FAX: 252-264-3723; Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
MAR 1 3 2013
4 '
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: John H. Forbes, Jr. & The Bank of South Hampton Roads
2. LOCATION OF PROJECT SITE: Located along the common property line between
Parcel ID numbers 009200000870000 & 0093000095B0000 off of Aydlett Road
(SR #1137), Poplar Branch, Currituck County, adjacent to the Currituck Sound.
Photo Index —
2006: 189 -7101 (19) 2000: 189 -2308 (1,J 9) 1995:189-1998 (H,I 15)
1989: 138 -33 (K 5) 1984: 127 -697 (J 20) 1978:137-438 (0 5,6)
State Plane Coordinates - X: 2916550 Y: 941410
Lat/Long: 36.29708080, - 75.88948540 Quadrangle: Coinjock, NC, L.R.
3. INVESTIGATION TYPE: CAMA / Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/28/2013
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete — 2/25/2013
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Limited Service Area and Conservation
(B) AEC(s) Involved: Estuarine Shoreline (ES), Estuarine Waters (EW), Public Trust
Area (PTA)
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — N/A
Planned - N/A
(F) Type of Structures: Existing — N/A
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION: [AREA, square feet (SF)]
DREDGED FILLED DISTURBED
(A) 404 Wetlands
±420 SF
±1,162 SF
-spoil site within
±450 SF
(B) Shallow Bottom PTA, EW AEC's
±120 SF
Estuarine Shoreline AEC
±1,050 SF
(C) Upland Area (Along Ditch)
±560 SF
-spoil site within
±400 SF
(D) Total Area Disturbed: ±3,112 SF
(E) Primary Nursery Area: No
(F) Water Classification: SC
(Note: ES and 404 wetland disturbance overlaps)
Open to Shellfishing: No
John H. Forbes, Jr. & The Bank of South Hampton Roads
Field Investigation Report
Page 2
8. PROJECT SUMMARY: The applicant's propose to excavate an existing drainage
ditch through USACE 404 - wetlands and remove a plug that has caused the ditch to
naturalize and disconnect it from the Currituck Sound.
Project Setting
The project site is located at an existing drainage ditch that has a top bank width of ±10' and a
water width of ±6'. The centerline of the ditch is the common property line between Parcel ID
#'s 009200000870000 (John H. Forbes, Jr.) & 0093000095B0000 (Bank of Hampton Roads)
located on the east side of Aydlett Road (SR #1137), Poplar Branch, Currituck County, adjacent
to the Currituck Sound.
Parcel ID #009200000870000 is located on the north side of the ditch and is ±50 acres in size.
This property has ±24 acres of agricultural fields with the remainder being a mix of 404 -
wetlands and highground woodlands. Parcel ID #009300009560000 is located on the south
side of the ditch, is ±88 acres in size and is the site of the Currituck Crossing Subdivision.
Subdivision infrastructures such as roads and stormwater ponds have been constructed;
however, only one of the sellable lots has been developed. An area designated as open space
borders the project site near the Currituck Sound. Elevations within the project area range from
±1 foot within the shoreline area to ±3 feet in the upland area and gradually increase moving to
the west. According to the USDA's Natural Resources Conservation Service's Web Soil
Survey, the soil within the project area is made up of portsmouth fine sandy loam and conetoe
loamy sand. Based on available information, there appears to be no archaeological sites on
Parcel ID #009200000870000; however, the tract of land that the Currituck Crossing
Subdivision is located on is known as the Baum site and has been the location of several
archaeological studies dating back to 1972. The office of Archives and History has identified
two sites on the property and identified them as 31 CK194 and 31 CK129.
The previously mentioned drainage ditch that separates the two parcels originates on the west
side of Aydlett Road where it serves as drainage for agriculture fields. It then passes under
Aydlett Road via a culvert and continues to the east in a straight line for ±1,276' separating a
large agriculture field from the subdivision. At this point, the ditch enters a highground wooded
area. Approximately 40' past the tree line the ditch then enters a USACE delineated 404
wetland area and continues for ±100' where it then ends ±15' short of the Currituck Sound
where sand and debris have accumulated forming a plug that is 1 foot in elevation above NWL.
On the landward side of the plug, drainage water has formed a ±55'x10' wide shallow pooled
area in which Phragmites and 404 - wetland plant species have rooted and are growing within.
The bottom substrate within this area of the ditch is made up of sand, detritus and silt. The plug
area is made up of sand and is vegetated with Phragmites. The adjacent shoreline to the north
of the ditch is natural and wooded up to the water's edge with fallen trees and stumps within
the water. The adjacent shoreline to the south is natural and was previously cleared, but is now
vegetated with Phragmites, pine saplings, groundsel bushes and other various woody and 404
wetland plants.
An old spoil area is located on the north side of the ditch and extends from the tree line towards
the Currituck Sound for a length of ±85' and a width of ±10'. Approximately 45' of the spoil area
is located within the 404 - wetland area.
/ t
{ John H. Forbes, Jr. & The Bank of South Hampton Roads
Field Investigation Report
Page 3
The adjacent properties to the north and south of the subject parcels are similar in nature and
are largely wooded with some agriculture fields and have similar shorelines to that of parcel ID
#009200000870000.
The Division of Environmental Management classifies the waters within this area of the
Currituck Sound as SC and it is closed to shellfish taking. Water depths within the project area
in the Currituck Sound range from 0 feet at NWL to ±0.7 feet below NWL and the bottom
substrate is made up of fine sands. Submerged Aquatic Vegetation (SAV) was not observed
growing within the project area, but it is present within the surrounding waters.
Development Proposal
In order to facilitate drainage and eliminate stagnant water, the applicant's propose to dredge
out a section of the existing4 ditch along the common property line and • re- establish the
connection to the Currituck Sound. A ±70'x 6' section will be dredged through the 404 - wetland
area to the shoreline and then continue another ±20' within the waters of the Currituck Sound
to reach an adequate connecting depth of -0.7 feet.
The dredging will be performed through the use of a backhoe that will straddle the existing ditch
at the upland tree line and then work its way 153' to the shoreline area where it will begin
dredging the Sound and ditch of 6 to 8 inches of material below NWL as it moves inland. The
spoils will be placed on the existing spoil pile and /or within the highground fields.
In addition to the dredging, the applicant's have indicated the remaining length of ditch
extending to Aydlett Road will be cleaned of any blockages and debris as needed.
Anticipated Impacts
• The proposed dredging out of the existing ditch will result in ±7 cubic yards of spoil material
being removed from within the ditch and the Currituck Sound.
• The proposed dredging out of the existing ditch will result in ±5.6 cubic yards of material
being removed from above NWL.
• The proposed dredging of the ditch will result in the disturbance of ±1,050 sf within the
Estuarine Shoreline AEC.
• The proposed dredging within the Currituck Sound will result in the shallow bottom
disturbance of ±120 sf within the Estuarine Waters and Public Trust Area AEC's.
• The proposed dredging of the ditch will result in the disturbance of ±1,582 sf within 404 -
wetlands.
Temporary water turbidity will occur during ditch dredging.
Submitted by: Ron Renaldi
Date: 3/1/2013
MAJOR PERMIT FEE MATRIX
Applicant: 4owa r a F.> o bc.
Selection
Development Type
Fee
DCM %
DWp %
(14300 1601 435100093 1625 6253)
(24300 1602 435100095 2341)
I. Private, non - commercia[
E]
development that does not
$250
100%($250)
0%($0)
involve theji g or
exc on of any wetlands
or o en water areas:
II. Public or commercial
F1
development thAt.does not
involve th"trng or
$400
100%($400)
0%($0)
exc ion of any wetlands
open 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 applies:
III(A). Private, non-
commercial development, if
General Water Quality
$250
100%($250)
0%($0)
Certification No. 3490 (See
attached ) can be applied:
III(B). Public or commercial -
development, if General
Water Qu Certification
$400
100%($400)
0%($0)
No. (See attached)
cars be applied:
III(C). If General Water ,,-
❑
Quality Certification Nd
3490 (see attach "could
$400
60%($240)
40%($160)
be applied, but,DCM staff
determined ,xhat additional
review and written DWQ
concutrbnce is needed
becp6se of concerns
r9l6ted to water quality or
� uatic life:
III(D). If General Water
Quality Certification No.
3490 (see attached) cannot
$400
60%($240)
40%($160)
be applied:
IV. For development that
involves the,.fftling and /or
$475
60% ($285)
40% ($190)
excavation of more than
one-acre of wetlands and/or
-den
water areas:
APPUCATION toy Form DCM MP-1 (Page 2 of 4)
I FEB 2 0 2013 1 Major Development Permit
I
<Form continues on next page>
252-808-2808 -: 1-888-4RCOAST -: www.necoastalmanagement.net
a Total length of shoreline on the tract (ft.)
b. Size of entire trail (sq.it.)
Forbes Property: 1650' Bank Property: 26
County (can be multiple)
Street Address
State Rd. #
Carritack
Tax Parcel 009200000870000
1137
SMOWNWIame
City
State
Zip
arm Land - Agricultural Use
1
Poplar Branch
1
!11
N.C.
27965
Phone No.
LotNo.(s) (it many, attach additional page with list)
ext.
I I P I
a. In which NC river basin Is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Ditch
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 13Manmade ❑Unknown
Carritack Soand
a. is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
MYes ONo
work falls within.
Carritack County
<Form continues on next page>
252-808-2808 -: 1-888-4RCOAST -: www.necoastalmanagement.net
a Total length of shoreline on the tract (ft.)
b. Size of entire trail (sq.it.)
Forbes Property: 1650' Bank Property: 26
r Forbes: 5C) Ac. Bank: 88 Ac.
C. Size of incdhvii t
or
NWL (normal water level)
Pf man; lot size;, pleas; attach additional page with a list)
[3NHW or ZJNWL 21 to 31
9. Vegetation on tract Wetland: Wooded, scattered mostly pine and gum
High Ground: Hardwood
Farmlands Vegetation and grasses
f. Man-made features and uses now on bad Forbes Property: Field for Agricaltare.
Bank of Hampton Roads Property: Proposed Residential.
g. Identify and describe the existing land uses adiace to the proposed project site.
North of Forbes Property: Mostly woodland with some Agriculture.
South of Bank Property: Woodland
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
. I
(Attach zoning compliance certificate, If applicable)
Single Family
[)Yes []No [INA
J. Is the proposed activity part of an urban waterfront redevelopment proposal? [3Yes K]No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. OYes MNo [INA
If yes, by whom?
I. Is the proposed project located In a National Registered Historic District or does it Involve a OYes JEW ❑NA
National Register listed or eligible property?
<Form continues on next page>
252-808-2808 -: 1-888-4RCOAST -: www.necoastalmanagement.net
-Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. () Are there wetlands on the site?
Eyes
❑No
(1) Are there coastal wetlands on the site?
❑Yes
91No
(iii) If yes to either 0 or (i) above, has a delineation been conducted?
91Yes
❑No
(Attach documentation, If available)
n. Describe existing wastewater treatment facilities.
^�
FEB
2 0 2013
o. Describe existing drinking water supply source.
p. Describe e)dsfing storm water management or treatment systems.
c�r,� GIB . R..a � a , >--�;, � �`c`��`:Mr� � •� _ '�k ��w.�';��sti � -z � . �:. a, i�• '. r � 4 w �'
:r -��,•. .??!� ?'". �.f•u- _r..`:t ti:v'•����� =z .,t`,�'x.`�r- �:'a.!2 ?: r� '',,- °�'''�'�'`:,, �,..� � �*:zf''. ����"`'f 'q' -- -�'�: , �. 'eYs,'.•
a. Will the project be for commercial, public, or private use? ' ❑Commercial - j]Public/Govemment
JAPrivate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Clean out the farm ditch to re- establish drainage for the field.
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.
Backhoe to straddle existing ditch, clean out bottom of ditch and place excavated
material on old spoil site adjacent to ditch, and re- establish drainage for farm.
d. Ust all development activities you propose.
Open drainage ditch.
e. Are the proposed activities maintenance of an existing project, new work, or both?
Maintenance of existing ditch.
f. What Is the approximate total disturbed land area resulting from the proposed project? 1 200 5aSq.Ft or []Acres
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.
After completion - will discharge agricultural field runoff into sound.
I. Nil wastewater or stormwater be discharged into a wetland? ❑Yes E3No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA
J. Is there any mitigation proposed? ❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
252- 808 -2808 :: 1- 888- 4RCOAST :: www.necoastaimanagement.net
Form OCM MP -2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION This section not applicable
(if development is a wood groin, use MP-4 — Structures)
Tuna of ahnwlina ntnhifl7atiinm b. Length:
❑Bulkhead ❑F;UPmP ❑Bmakwater/Sill ❑other.
c. Average 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
BreakwatedSHI Other
I. Source of fin material.
Width:
d. Maximum distance waterward of NHW or NWL:
f. p) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(9) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES (XThis section not applicable
(Excluding Shoreline Stabilization)
a_ hi Will fill material be brought to the site? ❑Yes No ❑NA b. 0) Will fill material be pieced in coastal wetiands/marsh (M),
If yes,
(li) Amount of material to be placed in the water
(iti) Dimensions of fin area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fin material be kept on site and erosion b.
controlled?
O IL
A 1614-11C.1 d9402 =4" P. F,
c. 0) Will navigational aids be required as a result of the project? d.
❑Yes MNo ❑NA
(n) if yes, explain what type and how they will be implemented.
r
Date
fARm Jai T fi 0 LE,4
Project Name
suDmergec equauc vugetauon tor%vl, anon vanwn, wo /, v1
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 the fill in these areas:
What type of construction equipment will be used (e.g., dragnne,
backhoe, or hydraulic dredge)?
4et L 'C
(I) Will wetlands be crossed in transporting equipment to project
site? Ayes ❑No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
,AACJj;,e— + -sT ADDLE x) krad a aij2 Work
Rom Sad n ro 11,4d L,+,6
Applicant ame
Applicant Signature
..r.. ene mono .. w -ooa— aoe-nawr .• Bevis". :2f261M
uNRECOR 4342,
OM At, EO BY WIAMS ET A� 26 SEPT 2005
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CAMA MAJOR DEVELOPMENT PERMIT APPLICATION
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JOHN HOWARD FORBES JR.
ENLARGEMENT "B"
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