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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 gEAR� BEM McW MAP pREpAR Z ENTITLE4 S. LA U v G c� j N W 00 4. 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OF THE PAVEMENT AND THE � OF A 36 INCH CONCRETE CULVERT O O 0 8 O O 0 O ° M 3 O mz � J I W z V W 2 W 0 i0 L _j o sr O O8 QO p d z V J W x� 0 C sue. o a • UZI .m_ S. R 1135 M i N M LL O ti W W m W cn W1 v 0 'CAI" MAJOR DEVELOPMENT PERMIT APPLICATION f�-Q FOR JOHN HOWARD FORBES, JR. FEB 0 2013 tNLARGEMENT "AP 1 10 20 So 40 6 C so OASTAL R V (+ Cl. = r.1 SCALE I INCH = 20 FEET *0, 00 444,10 Ilk, <44,0 CURB /UGC k S HORFLi�� PROPOSED / DREDGE AREA / 30' CATAA / 13vLAO / i t s -0,71 s °v � NO v DISTURBANCE t LIMIT 14 WIDTH) }s, A / EDGE OF DITCH /Lp �1�1 r THE PROPERTY LINE /lei ETWEEN J. HOWARD FORE JI B . AND THE BANK OF HAM. TON ROADS IS THE CENTER �- OF THE EXISTING DITCH. ryf 2 4Q cy �v / O p UP�gNO V 0 / A3• J p e / Np `JQ CHARLES, BROWN 1Q---- PLS 2456 PE 28954 N CAq Q ♦♦ Q�FESS /0".�y9.: 4 SEAL L -2456 �s IVA 0 �. -� i• owe � '••;9lFs au �. "' �0,�.�• ma X11E1 1g�0\�\`� SHEET 2 OF 3 rr����� lb 2 0 CV� CllA/// 4 ' FS 59 - 17 12 -1; 41 u CAMA MAJOR DEVELOPMENT PERMIT APPLICATION FOR JOHN HOWARD FORBES JR. ENLARGEMENT "B" F E B 2 0 2013 0 0.5 1 2 3 VERTICAL SCALE I INCH = I FOOT 0 10 20 40 60 HORIZONTAL SCALE I INCH = 20 FEET SyORF o / � v OL p Sp���FNp 1 b1 O V v 404 of / Q0� �v 10 O. U v ^* VZ �_ 000y o` .44 Jo C-) O� �q- 4v Q / 3 i �V O' �O Mx A. O' �v to .a O� Q O x 10 / `a 4e / �v ti � \111111111 /�F CAR�ti� .. , SE4L i'• to ♦ C �I ♦ / ,I -- Q • OFESS /p� .yy�•.� = SEAL 01 L -2456 Z go- ..9'i9 Oar V N W Z V 0 .J IL Un = W Q o > c io a 0 CC — a THE ELEVATION OF THE PK NAIL IN Q. S. R. 1137 AND IN THE DITCH LINE BETWEEN THE BANK PROPERTY AND THE FORBES PROPERTY HAS AN ASSIGNED ELEVATION OF 4.82 FEET. � 2av Q� SHEET 3 OF 3 FB 59 -17 12 -13