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HomeMy WebLinkAbout20171229 Ver 1_CAMA Application_20170927Coastal Management ENVIRONMENTAL QUALITY September 26, 2017 MEMORANDUM TO: D SEP 2 1 2017 U ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 2 0 1 7 1 2 2 9 Karen Higgins, Compliance and Permitting Unit Supervisor DWR - Water Quality Program FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: David and Glenda Hollowell Project Location: 537D Wingfield Road in Chowan County Proposed Project: Construct a replacement bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/16/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis 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 _;—,-Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] Narrative I am requesting a permit to construct a bulkhead along approximately 275' of shoreline on the Chowan River. There is a failed bulkhead along this alignment that is between 5' and 20' waterward of my eroding shoreline. Recent heavy rains have caused the bank to fail in at three places. One area of bank failure is approximately 20' from the back steps of my house. The elevation at my house is between 16' and 18' above normal water level. The proposed replacement bulkhead is landward of the old bulkhead and would be an average of 7.45' (maximum of 11'). There are two large sycamore trees along the bank that we would like to save. To remove the trees would mean work and costs that are excessive given the elevation and limited access to behind the house. Water depth along the old bulkhead are between -2' and -2.5'. There is no vegetation growing in the water within the area that I am proposing the new bulkhead. I am a commercial fisherman, and have used the property for commercial fishing for over 20 years. I would like to replace the bulkhead and reestablish the bulkhead so that I can tie my boat up behind the house for easy access. I would also like to lower the steep bank and grade it back to approximately a 3 to 1 slope to better protect my home. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: David Hollowell and Glenda Hollowell 2. LOCATION OF PROJECT SITE: 537D Wingfield Road (SR 1228) in Tyner, Chowan County, on the Chowan River. Photo Index: 2006: Not Available 2000: 147-1873 M7 & M8 and N7 and N8 Latitude: 360 15'31.94" N Longitude: 76° 40'51.37" W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: 06/25/17, 08/10/17 Was Applicant Present: Yes 5. PROCESSING PROCEDURE: Application Received Complete: 09/19/2017 Office: Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan: Chowan LUP Land Classification: Agricultural (B) AEC(s) Involved: EW, ES & PTA (C) Water Dependent: Yes (D) Intended Use: Residential and Commercial Fishing (E) Wastewater Treatment: Existing: Septic Planned: N/A (F) Type of Structures: Existing: Residence and a failed bulkhead Planned: New bulkhead (G) Estimated Annual Rate of Erosion: —1' along the failed bulkhead 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED Cut/Fill (A) High Ground 16,000sf (B) Non -Vegetated Wetlands: SB 2,025sf (C) Other: (D) Total Area Disturbed: 18,025sf (.41 acres) (E) Primary Nursery Area: No (F) Water Classification: B Open: No 8. PROJECT SUMMARY: The construction of 270' of replacement bulkhead an average of 7.5' waterward of an eroding shoreline landward of a failed bulkhead on the Chowan River, in Chowan County. David and Glenda Hollowell Field Investigation Report Page 2 Project Settin David and Glenda Hollowell's property is located at 537D Wingfield Road (SR1228), in Tyner, Chowan County. The property consists of two tracts totaling 30.98 acres with -661 linear feet of shoreline along the Chowan River. The property is zoned Agricultural, with a single family residence within 55' of normal water level (NWL). Use of the property is for residential, agricultural and commercial fishing. A second dwelling is location on the property 1,500' landward of the project site. Approximately 17 acres of the property is in agriculture (cotton). Vegetation on the property includes, but is not limited to, cotton, american sycamore, (Platanus occidentalis), bald cypress (Taxodium distichum), tulip poplar (Liriodendron tulipifera), lobiloy pine (Pinus teada), dogwood (Cornus florida), river birch (Betula nigra), greenbrier (Smilax rotundifolia), poison ivy (Toxicodendron radicans), pokeweed (Phytolacca americana), spotted spurge (Chamaesyce maculata), carolina jasmine (Gelsemium sempervirens), cat brier (Smilax rotundifolia), poison ivy (Toxicodendron radicans), wild grape vine/riverbank grape (Vitis riparia), domestic grasses and ornamentals. Located between 5' and 25' from NWL is a derelict bulkhead constructed around 1974. Mr. Hollowell used the bulkhead are for staging a commercial fishing business until the bulkhead failed. Based on available aerial photographs the bulkhead started experiencing severe failure around 2009. Within the last year there have been three severe erosion events along the bank behind the applicant's dwelling from heavy rain (The most recent event being in August of this year). One area of failure in the bank/shoreline is within 20' of the stairs to the applicant's residence. There are no pier structures or docks located along the applicant's shoreline. Currently Mr. Hollowell moors his boat along an unprotected shoreline (tied to a tree) along an adjacent property to the south, belonging to his son. The closest bulkhead to the applicant's north of the property is -730', and to the south is -955'. The elevation of the bank around the dwelling is 16'/17' above NWL. Heavy vegetation along the shoreline has helped impede some erosion. It appears that the cause of the erosion is from fast moving water coming from the farm fields on the landward side of the dwelling, during severe rain events. Water depths along the old derelict bulkhead range from -2' to -2.5'. The water bottom is a fine silty sand. There is no submerged aquatic vegetation within the proposed project area. There are no wetlands along the project site. Development Proposal The applicant would like to construct a replacement bulkhead along -270' of shoreline adjacent to, and landward of, the remnant bulkhead constructed in 1974. The proposed replacement bulkhead would be an average of 75, and a maximum of 11', waterward of NWL. The total area of anticipated shallow bottom fill will be 2,025 square feet (sf). David and Glenda Hollowell Field Investigation Report Page 3 The landward extent of disturbance to backfill and slope the bank along the proposed bulkhead will be —50' as needed to slope the bank to an approximate 3:1 slope along 320' of shoreline. The total area of high ground disturbance anticipated in conjunction with the bulkhead construction is—16,000sf. Anticipated Impacts 1) Filling of 2,012sf of shallow bottom (previously high ground). 2) The loss of 2,025sf of shallow water habitat. 3) Approximately 16,000sf of high ground disturbance from cut and fill activities associated with the construction of the bulkhead. 4) Temporary turbidity can be anticipated in and adjacent to the work area during construction. Submitted by: Lynn Mathis Date: September 20, 2019 WFLICAT1811 for Major Development Permit: (last revised 12127/06) North Carolina OMSION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box Applicant 2: First Name State MI Last Name Phone No. 1 - G6e dam. Phone No. 2 - - ext. FAX No. Contractor # qdU) �v�( If additional applicants, please attach an additional page(s) with names listed. Mailing Address State PO Box Email City State Sy ZIP Euntril Phone No. FAX No. ext. - - Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> Form DCM MP -1 (Page 2 of 4) APPUCATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # c. Size of individual lot(s) Z LOTS �, 3®•48 �tL '� S f}L' . d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) ' Subdivision Name p� City JState e. Vegetation on tract Zip f. Man-made features and uses now on tract 11 1A g. Identify Identify and describe the existing land uses adiacent to the proposed project site. Phone No. Lot No.(s) (if many, attach additional page with list) -1-1 t - K6' ) ext. 2. LOTS , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project 1 k 6 "'oc. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water ody to the proposed project site. Ulatural ❑Manmade ❑Unknown National Register listed or eligible property? e. Is proposed wo within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Ye o work falls within. r a ctfrw oj --Y�l 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) iv I l�jt{1' , �jQjrj c. Size of individual lot(s) Z LOTS �, 3®•48 �tL '� S f}L' . d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) ' (lf many lot sizes, please attach additional page with a list) ❑NHW or 4NWL e. Vegetation on tract f. Man-made features and uses now on tract g. Identify Identify and describe the existing land uses adiacent to the proposed project site. TZ CS I i7 10E. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? A6:,ZLcvbfi>i?_ C (Attach zon�' g compliance certificate, if applicable) ❑Yes f!]No [INA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ffNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes 2ho ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o [INA National Register listed or eligible property? <Form continues on next page> Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes YNo (ii) Are there coastal wetlands on the site? Oyes KNo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? Oyes No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. SEpt ic- s+�S o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? PCommercial ❑Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. a 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. GSCGume LIul zerF` GFS V1 -1--'r' fq h44Wg-e- d. List all development activities you propose. Sfi^uct cc A�ief�lccceyte�t s 1�[tLtcLteCcc� f�jl'vkc�Ltai`� 2.73`/ laty &.t.ck. S Lvp e- loat A k- -fo- -r1t e t-L'ctJ er e. Are the proposed activities maintenance of an existing protect, new work, or both? f.. G-.-1.-i.+�-i �' ° ►.. '1i..- t � ! ar,��+ gyp` .. "'`` ��'a �'a i� � �1 P j�' J 'r � C. I T What is the approximate total disturbed land area resulting from the proposed project? Sq.Ft or ❑Acres 2 ; 600 Sc?var,1- -Fee_ g. Will the proposed project encroach on any public easement, public acoessway or other area oyes ONo [INA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. cL., _ i. Will wastewater or stormwater be discharged into a wetland? ❑Yes EJNo [INA If yes, will this discharged water be of the same salinity as the receiving water? []Yes [INA j. Is there any mitigation proposed? ❑Yes 2No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 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 properly prepare the required items below. a. A project narrative. CFLZ ,,n 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 title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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 ��A "s y1 c Phone No. $ -- Address 1 J mill, U Name"�� 3a�,� L 9 Ph/o�nte73�No. S ,- Address 'J) �..J % i'11 Z L.• i tv 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. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10),1 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 the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 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 q 1.1.1 117 Print Name D A v , A ) •� Q, 14 Aj 1� %-Jp. !) -fr Signature • � � rL-, � C%�' �' .��•? .�,�, Pie se indicate application attachments pertaining to your proposed project. f7CM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ❑DCM MP -4 Structures Information 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. 1. EXCAVATION jig This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/mamh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑S8 OWL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL - 0 This secam not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 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. (i) Will a d' I 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 ❑No [INA (ii) If yes, how much water area is affected? Access Other i r ChannelRock (NLW or Canal Boat Basin Boat Ramp Rock Groin Breakwater (excluding shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION jig This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/mamh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑S8 OWL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL - 0 This secam not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 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. (i) Will a d' I 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 ❑No [INA (ii) If yes, how much water area is affected? 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP -4 — Structures) a. Type of shoreline stabilization: b. Length: _ �fr�r `/ ?L7' Ave_. MBulkhead ®Riprap ❑Breakwater/Sill ❑Other: Width: ' 111$ a Ark - c. Average distance waterward of NHW or L �' d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. Bulkhead backfill 14WZ—" Riprap Breakwater/Sill Other i. Source of fill material. h. Type of fill material. H I&IJ 6QuU,"')6rL4 ecrn 5 I ZL, T--)trz T AUL 4. OTHER FILL ACTIVITIES DO This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? 14Yes ❑No [INA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area ` x (iv) Purpose of fill Wllck-611 1, l t heal At suumergea aquatic vegetation (bAv), sneu Dottom (bb), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW []SAV ❑SB OWL ONone (ii) Describe the purpose of the fill in these areas: ('j: MAJOR PERMIT FEE MATRIX Applicant' —W1 1-2 AVUoW L 5efT F [ W l7 Selection Development Type Fee DCM % DWQ % (14300 16014351000931625 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 oro en water areas: II. Public or commercial E] development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands oro en water areas: Major Modification to a $250 100%($250) 0%($0) CAMA Major permit 111. 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 - E] commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 4097 (See attached) can be applied: I11(B). Public or commercial E] development, if General $400 100%($400) 0%($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 4097 (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: III(D). If General Water IN Quality Certification No. $400 60%($240) 40%($160) 4097 (see attached) cannot be applied: IV. For development that El involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: David Hollowell Am Recpived - 41 GAP. iba � i (\IWL dl WOF,01507 lit 4L9jqc4.t7 Au&um rET: m4X. I AVO, AWI� LMarom+... WA, 2-z5,' ANM 270' M71V VV 17ri - 4+4-&U-97- urs WAtAf -r_ sow-, ' I "712 WtWaf9aV 116-k, IN :. � ..i� �