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HomeMy WebLinkAbout20191464 Ver 1_CAMA Application_20191024ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director October 24, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bod nar(o)ncden r. gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Stephanie A. Smith Project Location: 101 Sea Horse Lane, Walnut Island Estates, Grandy, in Currituck County Proposed Project: Construct a bulkhead on a mostly unhardened canal shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 14, 2019. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME AGENCY SIGNATURE DATE North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Stephanie Smith (Flowers) 2. LOCATION OF PROJECT SITE: 101 Sea Horse Lane, Walnut Island Estates, Lot 1, Section 6, Grandy, Currituck County, adjacent to the Currituck Sound Latitude: 36014'41.93"N Longitude: 75052'6.30"W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/12/19, 9/18/19, 10/01/19 Was Applicant Present — Yes, No, No 5. PROCESSING PROCEDURE: Application Received Complete — 10/17/2019 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Currituck County Land Classification From LUP - Full Service Area and Conservation (B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), and Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing — Vacant Lot Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 0.5 feet / year Source - Applicant 7. HABITAT DESCRIPTION: [AREA] FILLED OTHER (A) Shallow Bottom (PTA, EW AEC's) 678 sq ft (B) High Ground (ES AEC) 1460 sq ft Disturbed (D) Total Area Disturbed: 2,138 sf (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead on a mostly unhardened canal shoreline that will average + or — 9.3' waterward of normal water level (NWL) Field Investigation Report Page 2 Proiect Settin The site of the proposed development is located at 101 Sea Horse Lane (off of SR 1186) within the Walnut Island Estates subdivision located in Grandy, Currituck County, adjacent to a man-made canal that connects to Dowdy Bay of Currituck Sound. The property is approximately 3250 sf in size and has approximately 73' of shoreline with a 1' erosion escarpment. The current shoreline contains no wetlands and is partially lined with a sparse amount of remnant concrete rip rap for approximately 25' on the southern side of the property. This property historically had a boat ramp located where the shoreline extends landward. The rest of the shoreline is unhardened. The elevation of the property is approximately +1.5 feet above NWL. As of now the parcel is vacant lot that the applicant uses for parking / storage of trailers. According to the USDA's Natural Resources Conservation Services' Web Soil Survey, the soil on the property is made up of newhan fine sand and is vegetated with grasses that are mowed periodically with a 10' section of bamboo planted by the applicant. The adjacent riparian property to the northwest contains a single family dwelling with a bulkhead shoreline. The adjacent riparian property to the southeast is a vacant lot with mowed grasses and no bulkhead. Based on available information, there appears to be no archaeological sites on this property or nearby. The waters of the Currituck Sound in this area are classified as SC and are closed to shellfish taking. Water depths within the project sight range from 4 to -5' and average -2.5'. The bottom substrate within the project area is made up of muddy sand and detritus. Rooted widgeon grass (Ruppia maritima) was observed growing in dense patches along the properties shoreline. Development Proposal In order to prevent further erosion and regain use of the property to build a future small single family house, the applicant proposes to stabilize the shoreline by constructing 73' of wooden bulkhead. The proposed alignment will tie into the existing bulkhead corner on the adjacent property to the north west and will continue in a southeasterly direction creating a straight alignment. This alignment will average 9:3' waterward of normal water level with a maximum distance of 20' waterward. The 20' maximum distance from normal water level needed to obtain a straight alignment is due to a former boat ramp that was on the property. A return wall will be constructed along the southern property line. Anticipated Impacts The construction of the bulkhead along with the proposed alignment will result in the filling of approximately 678 sf of Estuarine Waters and Public Trust Areas AEC's with clean fill from an upland source totaling 62.8 cubic yards. The bulkhead installation and backfill will result in approximately 1,460 sf (0.03 acres) of land disturbance within the Estuarine Shoreline AEC. Submitted by: Robert Corbett Date: 10/23/2019 /I1-7s7� &Pql hod 1�&5e Gzj*e /:�,j V%/ � 7Z rU� 7 e� sel etlery J ��f r o� 67e4 er wr'7z ? Gr�O"Per qe4 1ower /&ler del �rlD/�yvx�Ara7�el, i1-1.541leW eol,s�r�rc�id�r of a Tile/ G/dG�le. Received OM 17 2019 100NP4 0C1 17 2019 Received APPLICATION for DMEC 1 Major Development Permit. DCM-EC (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT t f'iiniaryApplicanbLan downekInformation: Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Applicant 2: first Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box ZJ 7 City State ZIP �yQ Z (7 Country [' ✓ PhoneNo. _ F 75W ext No. Street Address (if different from above) 0 6-eu nz�c Gaf-ce City State ZIP Email 2. Agent/ContractorInformation Business Name 5 Mf1�7 L /3ro ere CohS�itcc oti Agent/ Contractor 1: First Name MI l Last Name 4z4,, nor Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP 27 Phone JNo. .11CJ ✓ G �{Z 7 V /� / ext. Phono e . 2 ext. FAX No. Contractor # Street Address (if different from above) 086ttrowe GQ City �rah� State /1/C ZIP z7$3 Email 40IR Lr�o . Coltit <Form continues on back> 252.808.2808 :: 1.888-4RCOAST :: www.nccoastal management. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiply Street Address 5e� Gci�e State Rd. # rse Subdivision Name City State *C Zip 27q 3 % Phone No. tfj- - 5 7 ext. Lot No. (if many, attach additional page with list) 07 I I , a. In which NC river basin is thy project located? b. Name of body of water eared to propose project �CK ao- e Gtu c. Is thet bo identified in (b) above, natural or manmade? alural RrManmade []Unknown d. Name the closest major w ter body to the prop o d project site. e. Is p!qp6sed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed es [_]No work falls within, ck 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size off entire tract (sq.ft.) c. Size of individual ]Otis) 2 �D J d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach addih'orial page with a list) �� -❑NHW or L?NWL'� 3 e. Vegetation on tract 9401 I. Man-made features and uses now on tract g. Identify and describe the existing land uses adjacent to the proposed pr ject site. w Saud y We &tii j /o f /t�f� 5�Ve Caviler 51 e h. How does local government zone the tract? osed project consistent with the applicable zoning? i. IsFes S i ncj It FAm ij ,2e.� ter.}, y ( (ning compliance certificate, if applicable) []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes RrNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4RCOAST ., www.ncconstalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes NNo (ii) Are there coastal wetlands on the site? ❑Yes QNo (III) If yes to either (i) or (it) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Received e ;eived OCi 17 2019 o. Describe existing drinking water supply source. nose p. Describe existing storm water management or treatment systems. a. Will the project be for cbmmercial, public or private use? � e [Ica rcial ❑Public/Govemment rivate/Community, ' b. Give a brief description of purpose, and daily operations of the project when com fete. ✓� fa�alTu7( fz, of fore G15e 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. pky-1uw� d. List all develop rent activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? ,TC•eo f. What is the approximate total disturbed land area resulting from the proposed project?q.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accesssswaayy rfoorr other area ❑Yes o ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. /149. - 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 ❑N j. Is there any mitigation proposed? ❑Yes ❑No zTNA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. Additional Information In addition to this completed application form, (1417-1) the following items below, if applicable, must be submitted in orderfor the application package lobe complete.. Items (a) (0 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 title 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 „ (tiq QC/ Address // ✓.1aar tlieaA 411 .r7 Name G' eri )izr _L � �/ A Phone No. 7i-7 6/1T� 2793 Address P� S( 67 ?J PPr 5hilOFfl`l, U�1 ✓�OJ Name - Phone No. Address g. A list o� slate 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. Welland 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), 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. 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 tha the i formation provided in this application is t thful t the be;jt of my owledge Date Print Name ! 4" / Signature We indicate application attachments pertaining to your proposed project. MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement. net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) K i 17 7019 CMEC 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 Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) , stabilization Length Width Avg. Existing''' Depth i-; Final Project Depth a. Amount of material to be cubic yards. or NWL in b. Type of material to be excavated. G. (1) Does the area to be excavated include coastal wetlands/marsh (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 _ ❑WL []None (ii) Describe the purpose of the excavation in these areas: a. Location 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 wetlands/marsh (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. High -ground excavation in cubic yards. b. Dimensionsof disposal area. d. (i) 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 ❑No ❑NA (if) If yes, how much water area is affected? 252-008-2808 :: 1-888-0RCOA8T :: wwwmccoastaimanaslement.net revised: t2/26106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3.: SHORELINE STABILIZATION (If development is a wood groin, use MP-4 — Structures) a. TY2,pod shoreline stabilization: L!lBulkhead ❑Riprap ❑Breakwater/Sill []Other: c. Average distance waterward pf NHW or NWL: e. Type of stabilization aterial: WQ�(iT ❑This b. Length: Width: d. Maximum distan9 waterward of NHW or NWL: f. g. Number of square f e fill be placed below water level. h. Bulkhead backfill fill Breakwater/Sill !!!(� � Other_ I. Source of fill material. Ward let f (i) Has there been shoreline erosion during preceding 12 rmo s7 Yes []NO ❑NA (il) If yes, slate amount of erosion and source of erosion amount information. �/ �v /uear Type of fill material. SQ�vI 4. OTHER FILL ACTIVITIES 121his 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 (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (lNL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB _ ❑WL ❑None (ii) Describe the purpose of the fill in these areas: 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., dragline, cont ale/� ,t backhoe, or drauli Bred e)? (/ �ee�ea� l�Ia Q � oh c. (i) Will naviga' al aids be required as a result of the project? d. (i) Will wetlands be ssed in transporting equipment to project []Yes No ❑NA site? ❑Yes No ❑NA (it) If yes, explain what type and how they will be implemented. III) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Project Name to A)N25if rl lno Applicant Name Applicant Signature,/" 252.808.2808 :: 1-888.4RCOAST :: www.nccoastalmanaoement.net revised: 12/26/06 e 0 L ce t 0 n= 7 O Received u„ 1 I '1 2019 BOOK I I08PAGE0131) OMEC, I0111111111111mil poo Ip: oo2laWT0002 TYP.: GVP Recorded: iV 1/20o9 at 03:9t:13 rfl Fo Mlb �1a9.00 Pape t of 2 a / Exclas Tax: t122.o0 currttuck County. No cherlen0 Y oovdv R691.ter of peed. W 110B PG132-133 NORTH CAROLINA GENERAL WARRANTY DEED ExciAx Tax Lot No. Verified by by Mail after recording to Brumsey and Brumse a This instrument was prepared by Wlllia r Brief description for the Index THIS DEED made this 9" day Parcel Identifier No. 1076-OPP-0001-0006 on the day of Block PP, Sect. 6, Walnut Island BILLY C. BEASLEY and wife, JUDY B. BEASLEY NO TITLE WORK REQUESTED OR PERFORMED Enter In appropriate block for each parry: name, address, or partnership. S 2009 ,by and between -PHANIE FLOWERS BOX 63 4NDY. NC 27939 B appropriate, character of entity, e.q. corporation The designation Grantor and Grantee as used herein shall incluc)said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as regtk by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or pamel of land situated in the City of Poplar Branch Township, Cunituck County, North Carolina and more particularly d1o5rilbed as follows: O Lot 1, Block PP, Section 6, Walnut Island, as shown on plat reco�F$ad in Plat Book 4, Page 45, Curriluck County Registry. �V-" d O CRANSFER TAX AMO raz Calleclor Ca o u opoliv T— DATP)COLLECEOR I AN Duo, Dare CerL'i1d¢on erpirts tan ob of to owing cerdGc si Book 1108 Page 132 900K i i 0 S PAGE 0133 The property heremabove described was acquired by Grantor by instrument recorded in Book 568 Page 324 A ma/pshowing the above described properly re recorded in Plat Book 4 page 45 TO MIj1(E AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to I he Gra(rtee in fee simple. And the R?Rntor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the night to convey the same itrlBe simple, that fide Is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the it against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to fhe p against hereinabove described is subject to the following exceptions: Easements, resbfytnbons and restrictions of record. d O IN WITNESS W EOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in it rporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the and year first above written. �X USE BLACK INK ONLY (Corporate Name) illy C. Beasley By / �, AX President Judyeasl(SEAL) ATTEST: tfi Secretary (Corporate'S�"l) 0 SEAL -STAMP ,} Jc_ a( t4g- (>raFry�- County. `pespacx imc, -••.� personaey appeareo More me tMfqaY and acxnowseeged the execution of the foregoing a \,p Instrument. Witness my hand and iat stamp or seal, this I day of ro„errbr. , r No aO.aZ M commission expires: Iary Public I-ea Book 1108 Page 133 MAJOR PERMIT FEE MATRIX Applicant: Selection Development Type Fee DCM % (14300 1601 4351000931625 6253) DWO % (243001602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0%a ($0) involve the filling or excavation of any wetlands or o en 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 an water areas: ❑ Major Modification to a $250 100% ($250) 0% ($0) CAMA Major Permit 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- El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See ed can be applied: . Public or commercial El lopment, if General $400 100% ($400) 0% ($0) r Quality Certification 097 (See attached) e a lied: ff . If General Water ity Certification No. $400 60%($240) 40%($160) (see attached) could plied, but DCM staff mined that additional w and written DWQ urrence is needed because of concerns related to water quality or General Water Certification No. $400 60%($240) 40%($160) ee attached) cannot Faalife: ied: evelopment that the filling and/or $475 60%($285) 40%($190) ion of more than one acre of wetlands and/or open water areas: