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HomeMy WebLinkAbout20030135 Ver 1_COMPLETE FILE_20030210QPPt? NT OF ry?'y United States Department of the Inter* 9?2 227 9 p? M ,91/ H 's FISH AND WILDLIFE SERVICE Qcn ' a Raleigh Field Office ?j' Post Office Box 3376 yggcH sRaleigh, North Carolina 27636.3726 March 14, 2003 Mr. Raleigh W. Bland U. S. Army Corps of Engineers Washington Regulatory Field Office P. O. Box 1000 Washington, North Carolina 27889-1000 Subject: ID No. 200310345, Craig and Catherine Steffee, Pamlico County, NC Dear Mr. Bland: This letter provides comments of the U. S. Fish and Wildlife Service on the subject Public Notice (PN), dated February 12, 2003. Craig and Catherine Steffee, the applicants, have submitted an application for processing under the Coastal Area Management Act (LAMA)-Corps permit processing agreement to construct various erosion control structures on their property adjacent to the Neuse River in Pamlico County. These comments are submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). They are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) as they relate to protection of fish and wildlife resources. The applicants own a 19.9-acre lot south of the community of Pamlico on the north bank of the Neuse River. The Field Investigation Report (FIR) of the North Carolina Division of Coastal Management (DCM) states that there are large areas of coastal wetlands along the shoreline and on the property. An existing area of marl rip rap stabilizes 200 feet of the shoreline near the middle of the property and a wooden bulkhead exists on the western part. The shoreline is a natural clay bank that shows evidence of severe erosion, estimated by the applicants to be three feet or greater over the past 12 months. Since only wind-driven tides affect the project area, low and high water levels are the same and the normal water level (NWL) is considered to be zero elevation. The FIR does not discuss the occurrence of submerged aquatic vegetation (SAV) at the project site. The applicant proposes a series of measures to stabilize the shoreline. The text and drawings with the application indicate that, from east to west, the project would: (1) construct 313 feet of new stone revetment; (2) construct a marsh toe revetment interspersed with an offshore, stone sill along 283 feet of shoreline; (3) place stones on top of 200 feet of existing marl rip rap; (4) construct 20 feet of new stone revetment; and (5) construct a 443-foot section (given elsewhere as 413 feet) of offshore, stone sill that includes the area where an existing bulkhead would be removed. Overall, approximately 1,059 feet of shoreline would have new construction, 200 feet of existing rip rap would be augmented, and 300 feet of existing marsh would be unaffected. The eastern stone revetment would front an area of pine trees, have a maximum height of five feet, and be about four feet above normal high water (NHW). The marsh toe revetment would have a maximum crest elevation of one-half foot above marsh grade. The new offshore, stone sill at all locations would have a maximum height of four feet, a base width of 14 feet, and a crest elevation of one foot above NWL (given as one foot above NHW in project drawings). Areas landward of the proposed sills are currently vegetated with coastal wetland species. The distance between the proposed sills and existing marsh varies from five to forty feet and would be entirely below the NWL. This area would be filled with clean sand, graded, and planted with marsh vegetation. The eastern sill would not have a direct, straight opening to the Neuse River. Near the mouth of an existing "creek," there would be a break in the sill with two portions overlapping to create a zigzag connection to allow for some water exchange. Drawings of the western sill do not show any openings facing the Neuse River to the south, but a single, small opening facing west. This opening would also overlap segments of the sill to create a zigzag path for water flow. The revetments and sill would be constructed with class II granite stones. The proposed project would impact a total of 22,537 ft2 (0.517 acre) of river bottom due to stone placement for the sill (9,142 ft2), sand fill for marsh creation (9,800 ft2), and rip rap placement (3,595 ft2). An additional 24,000 ft2 of uplands would be filled and graded for access road construction. The Service is concerned that the proposed project would diminish fish and wildlife habitat values by altering the natural zonal patterns of estuarine shoreline communities in both the short- and long-term. Primarily in response to global sea level rise, estuarine plant communities have been, and will continue, gradually moving inland. While estimates vary widely, sea level is currently rising about one foot per century (Pilkey et al. 1998, p. 45). Such a rise on the flat topography of the lower coastal plain would result in a landward movement of estuarine wetlands of up to 2,000 feet by the end of this century (Pilkey et al. 1998, p. 42). Frankenberg (1997, p. 100) states that at the present time upland pines are being killed off as sea level rise and storms push salty water inland and the gradual replacement of upland communities with more salt tolerant species is dramatic evidence of sea level rise. Brackish marshes are generally wave dominated and characterized by irregular storm-tide flooding that generally causes organic shorelines to erode (Pilkey et al. 1998, pp. 75-76). Preventing the natural shifting of estuarine plant communities by constructing hard, shoreline stabilization structures will eventually reduce the area available to certain plant communities and may lead to the disappearance of some communities at their present location. Coastal North Carolina bays have estuarine marsh borders and sea grass flats, or areas of SAV, that provide natural habitats for animals and plants that do not occur as abundantly in unvegetated areas (Frankenberg 1997, p. 104). Both communities may export organic matter that is eaten by omnivorous animals in surrounding creeks and bays. The subtidal nature of sea grass flats makes them more important than marshes as habitat for aquatic species Frankenberg (1997, p. 105). Much of the productivity of salt marshes, particularly the irregularly flooded needlerush marshes, is incorporated into marsh soil to produce organic-rich peat rather than food for animals in the surrounding waters. Sea grass leaves may contain over 350 species of algae and more than 120 species of animals Frankenberg (1997, p. 105). Four to five times as many species live in the sediment under sea grasses as live in adjacent, unvegetated areas. Sea grass beds are considered more important for coastal ecosystems than salt marsh and efforts to preserve such beds will be directly reflected in increased harvests of fish and shellfish (Frankenberg 1997, p. 105). Shallow, unvegetated, estuarine bottoms are also important fish habitat. These areas are used by demersal (bottom dwelling) fish species, such as sturgeons and flounders, which live and feed in bottom sediment. Shore fishes are abundant in unvegetated shallows, but they often migrate into adjacent weed beds and marshes, where there is greater protection and an even richer supply of food. 2 The Service is concerned that project plans to fill the area behind the proposed sill appear to artificially create areas of irregularly flooded marsh at the expense of area that could support other forms of fish nursery areas such SAV or unvegetated bottoms. Item 4(a)(3) of Form DCM-MP-2 notes that purpose of the fill is to "establish suitable depth to grow marsh plants." While the applicants indicate in the following item, 4(b), that fill would not be placed on SAV, the area may still be considered as a potential location for the important SAV community. Fish nursery areas in North Carolina estuaries are typically shallow, nearshore areas that support large populations of growing post-larval and juvenile fishes and shellfish during their first year of life (Copeland et al 1984, p. 53). In the Pamlico River Estuary, north of the project site, fish nursery areas are generally have mud substrate and/or mud-grass bottoms (Copeland et al 1984, p. 53). The river bottoms immediately waterward of the project site may serve as a fish nursery area, irregardless of whether the area is vegetated or unvegetated. The proposed rock revetment on the eastern side of the property seeks to prevent the encroachment of estuarine marsh into the area currently occupied by pines. However, this structure would also alter natural vegetation zonal patterns and eventually diminish shallow fish nursery habitat. While the sloping face of the revetment would absorb some wave energy, a portion of the wave energy would be directed back into the river. The reflected wave energy would erode the base of the revetment and lead to deeper water in front of the revetment. In turn, the deeper water would allow stronger waves to strike the revetment, further increasing erosion, and lead to even deeper, less productive waters in front of the structure. The marsh toe revetment and stone sills with crests above the NWL would create a barrier between the marsh and the river. This barrier would impede the natural flooding of the existing marsh. The crest of the marsh toe revetment is planned for one-half foot above marsh grade. The crest of the stone sill would be one foot above NHW. These crest elevations would interfere with the exchange of water and aquatic organisms between the river and the marsh. The limited openings currently proposed hinder the normal ingress and egress of aquatic organisms and reduce the size of the nursery area provided by the marsh. The relatively smooth surface of granite stones is not the best surface to form a substrate for sessile aquatic organisms. Attachment would be enhanced by the use of marl which is a natural material with an irregular surface. Marl is composed of calcium carbonate and would be rapidly colonized by aquatic organisms, such as oyster spat. If marl is not used as the primary material, the sill material could be covered with a layer of oyster shells or marl to enhance attachment. The Service has reviewed available information on Federally threatened or endangered species known to occur in Pamlico County. We have also reviewed information from the North Carolina Natural Heritage Program (NCNHP) database on the reported occurrence of these species in the project area. Our review indicates that the Federally endangered West Indian manatee (Trichechus manaeus) may occur near the project site. The NCNHP database shows that a manatee has been reported in the Neuse River southeast of Oriental. However, project diagrams show that the maximum, overall height of the stone sill would be four feet and one foot above NHW. These figures indicate that the sill would be built in water with a maximum depth of approximately three feet. Such water is considered too shallow for use by manatees. Therefore, based on project plans contained in the application, we believe the proposed work is not likely to adversely affect the manatee. Based on information contained in the permit application and FIR, the Service has identified no endangered or threatened species, nor critical habitats that would be adversely affected by the proposed 3 action. Therefore, we believe that the Corps' requirements under section 7(a)(2) of the ESA would be satisfied. However, the Corps' obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. The Service does not believe that all feasible efforts to avoid and minimize aquatic habitat impacts have been considered. The Service believes that certain design features and construction techniques could be employed to minimize adverse environmental impacts while still providing some temporary respite from water encroachment produced by global sea level rise. These measures include: 1. To create the most conducive surface for attachment by sessile plants and animals, the stone sill should preferably be constructed with marl or, if not, at least covered with marl or oyster shells; 2. By reflecting wave energy back into the river, the five-foot stone revetment proposed on the eastern side of the property would be detrimental to existing shallow water habitat, whether vegetated or unvegetated. The reflected wave energy would gradually produce less productive deeper water. This shoreline should be protected by a sill similar to that stone sill proposed for other sections of the project area and a revetment should not be used; 3. For the same reasons, the marsh toe revetment should be eliminated and replaced by a marl, or stone covered with marl or oyster shell; 4. The alignment of the sill should follow the line of existing vegetation. This design would minimize the conversion of shallow riverine bottoms to coastal marsh, reversing the natural landward movement of estuarine plant communities. The area between the sill and existing vegetation that would be below the NWL should not be filled with sand. This area below the NWL would serve as potential fish nursery habitat; and, 5. To maintain a more natural biological and hydrological connection between the river and the marsh, the sill should have drop-downs, or gaps, to facilitate water exchange. The sill on the sides of these drop-downs may have some overlap to reduce the wave energy moving directly into the marsh. To ensure adequate exchange of water and aquatic organisms, at least ten percent of the sill should consist of the drop-downs as measured by the bottom width of the dropdown openings. While the floor of each drop-down should have some marl or stone to prevent erosion, the depth of the material should be the minimal amount necessary to prevent erosion. As a general guideline, we believe the stone or marl base of the drop-downs should not occupy more than 25% of the normal water column. This design feature would allow free exchange of water for 75% of the depth at the NWL. For this project, if the sill is constructed where the NWL is three feet deep, the highest covering of marl or stone of each drop-down should be at a depth of at least 2.25 feet below the NWL (3.0 x 0.75). In other words, the rock armoring the bottom of the dropdown should not block more than 25% of the water column at the opening. At this time, the Service does not recommend the issuance of a permit for this project. In accordance with the 404(b)(1) guidelines impacts to the waters of the United States should avoided and minimized to the maximum extent practical. We believe that significant design changes could reduce adverse 4 environmental impacts and even lead to some enhancement of fish and wildlife resources. The Service would welcome the opportunity to review revised project plans. The Service appreciates the opportunity to comment on this permit application. Please advise us of any action taken by the Wilmington Corps District. If you have questions regarding these comments, please contact Howard Hall at 919-856-4520 (Ext. 27) or by e-mail at howard hall@..fws.gov. Sincerely, cow Garland B. Pardue, Ph.D. Ecological Services Supervisor Literature cited: Copeland, B. J., R. G. Hodson, and S. R. Riggs. 1984. The Ecology of the Pamlico River, North Carolina: An Estuarine Profile. U. S. Fish and Wildlife Service. FWS/OBS-82/06. 83 pp. Frankenberg, D. 1997. The nature of North Carolina's southern coast: barrier islands, coastal waters, and wetlands. The University of North Carolina Press. Chapel Hill. 250 pp. Pilkey, O. H., W.J. Neal, S.R. Riggs, C.A. Webb, D.M. Bush, D.F. Pilkey, J. Bullock, and B.A. Cowan. 1998. The North Carolina Shore and Its Barrier Islands: Restless Ribbons of Sand. Durham, NC: Duke University Press, 318 p. cc: Kathy Matthews, US EPS, Athens, GA Ron Sechler, NMFS, Beaufort, NC Doug Huggett, NC Division of Coastal Management, Raleigh, NC David McHenry, NC Wildlife Resources Commission, Washington, NC Z_Mk. John Dorney, NC Division of Water Quality, Raleigh, NC Tracy Skrabal, NC Coastal Federation. Wilmington, NC IN REPLY REFER TO Regulatory Division Action ID No. 200310345 and State Permit No. 50-03 Craig H. Steffee 300 East Horne Avenue Farmville, North Carolina 27828 Dear Mr. Steffee: Reference your revised application for a Department of the Army (DA) permit to construct an offshore rock sill, place riprap material, and fill and grade an area for marsh planting, on property located off State Road 1317, adjacent to the Neuse River, near Oriental, in Pamlico County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, Nt*V?l Raleigh Bland, P.W.S. Regulatory Project Manager DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 April 29, 2003 wRIANUS/ 401 GROUP 414y P? 20 ?q?AQ 3 M -2- Copies Furnished: Mr. John Domey R Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Garland B. Pardue United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 -3- Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza II, 151-B Highway 24 Morehead City, North Carolina 28557 IN REPLY REFER TO Regulatory Division Action ID No. 200310345 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: WETLANDS1401 GROUp APR 3 ?on3 WATER QUALITY SECTION Reference the application of Craig H. Steffee for a Department of the Army (DA) permit to construct an offshore rock sill, place rock riprap material, and fill and grade an area for marsh planting, on property located off State Road 1317, adjacent to the Neuse River, near Oriental, in Pamlico County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. The proposed revetment at the eastern end of the property shall, at its junction with the proposed adjacent sill, form an overlap to allow an additional entry point for aquatic organisms behind the sill. 2. Oyster shell shall be placed over the sill and revetment structures in 2004 to enhance oyster attachment. The use of backfill material will be limited to the volume necessary to provide an adequate planting substrate for the establishment of tidal wetlands. 4. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 April 1, 2003 -2- to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. No vegetated wetlands will be excavated or filled. 6. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 7. The riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 8. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, y q_A' U, Raleigh Bland, P.W.S. Regulatory Project Manager -3- Copies Furnished: Mr. John Dorney Water Quality Section vision of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza II, 151-B Highway 24 Morehead City, North Carolina 28557 ? WATF \O?? RQL Michael F. Easley Governor Cq William G. Ross, Jr., Secretary y Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality April 4, 2003 DWO Project # 03-0135 Pamlico County Page 1 of 2 Craig H. & Catherine S. Steffee 300 East Horne Avenue Farmville, NC 27828 Subject Property: 2460 Orchard Creek Road (SR1317), Oriental, NC 28571 Neuse River [03-04-10, 29-(118), SA HQW (high quality) NSW (nutrient sensitive)] APPROVAL of 401 Water Quality Certification (GC3351) and AUTHORIZATION CERTIFICATE per the Neuse River Buffer Protection Rules (15A NCAC 213.0233) with ADDITIONAL CONDITIONS Dear Mr. and Mrs. Steffee: You have our approval, in accordance with the attached conditions, to place fill material (stone) within 0.52 acres of waters and approximately 0.55 acres of buffers to construct the proposed shoreline stabilization and marsh creation project at the subject property as described in your application received by the Division of Water Quality (DWQ) Wetlands/401 Unit on February 10, 2003. After reviewing your application, we have determined that the water impacts are covered by the Division of Water Quality (DWQ) General Water Quality Certification Number 3351. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions: 1. Buffer Replanting Replanting of vegetation within disturbed areas located within 30 feet of the shoreline or coastal wetland (whichever is more landward) associated with the shoreline stabilization project installation, repair, replacement and/or maintenance approved under this authorization must be done in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) 2. Diffuse Flow North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0259(5). 3. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 1508. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar- Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please telephone Bob Zarzecki at 919-733-9726. Sincerely, Attachment: GC 3351 Cc: Doug Huggett, DCM USACE Washington Regulatory Field Office Tom Steffens, DWQ Washington Regional Office File Copy Central Files DWO030135 April 1, 2003 bz mailbox :///C l/W INNT/Profi les/bob_zarzecki/Application%20Data/Mo... Subject: Re: Projects From: Bob Zarzecki <bob.zarzecki@ncmai1.net> Date: Fri, 04 Apr 2003 07:57:54 -0500 To: Tom Steffens <Tom. Steffens@ ncmai 1. net> Tom: Wow! ...that was fast ...sure is a change from the past ...thanks for the incredibly quick response... don't worry about Haverty this morning ...it's been a year, it can wait until next week-I'll write up the other four this morning... thanks again. - Bob Tom Steffens wrote: Bob, 03-0135 Steffee - site visit , ok to issue w/condition to mitigate for buffer impacts behind riprap on south end of project. 03-0195 C&D Landfill... I've commented on this before (ref. 17Feb), but I guess it got lost in transmission, Issue n/c 03-0167 Smith ...Issue n/c 03-0166 Geewax... I haven't seen this one yet, I reveiwed all the applications in my box last night and this morning ...wait it just showed up in the wrong box ( temporary secretaries .... sheesh! whats a guy to do?) I don't see on the plans how high the bulkhead is, and I recall no real need on that shoreline..... it was a very gentle to flat grade if I remember rightly .... I think.... HOLD for height info and justification for need. (I could see them easily building a 5 foot high bulkhead and backfilling with the spoils, removing the existing spartina thats there now) 02-0210... Haverty.. This one is a more than a year old, and would have been handled by Deborah, I can find no records either. Are you sure this one wasn't withdrawn? I will call the applicant to see whits up, though ttier paperwork is lacking the specifics I agree that they would come in under the General. Hang loose for a little while and I will get back to you later this am. toms Bob Zarzecki wrote: Tom, Please send comments on Steffee and the tardies this morning if you can. I have some unexpected time that I was hoping to clear my desk of some paperwork. Thanks. - Bob 030135 Steffee 0301.66 Geewax - Mike put down the wrong stream index ...thi_s project is on Ocracoke adjacent the dredge/pier site that you and I conducted SAV surveys on...I don't have a problem with most of it...however, from what I recall I don't see the need for the bulkhead... I'll follow you lead on this ...(60days - April 14th) 030195 Dare C&D Landfill - existing landfill... propose to construct a 2nd entrance... crossing a canal and two "ditches"...looks ok to issue n/c 03-01.67 Smith - just down the road from you of.fic.e...looks like an eroded shoreline between two existing bulkheads ...ok to issue :' 1 of 1 4/4/03 7:58 AM A T ::A L NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary February 7, 2003 MEMORANDUM: TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality .: v FROM: SUBJECT Applicant: Project Location Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Craig and Catherine Steffee O? clGp Pamlico County, off NCSR 1317 at 2460 Orchard Creek Road, on the Neuse River, near Oriental. Proposed Project: Proposes to install 653' of offshore rock sill, 313' of rock riprap and to place riprap waterward of 93' of existing marsh. The area landward of the proposed sill would be filled and graded for planting of marsh species. A 10' X 1000' access road across high ground is also proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 28, 2003. If you have any questions regarding the proposed project, please contact Tracey Wheeler at (252) 808-2808. When appropriate, in-depth comments with supporting data is 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. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 SIGNED Phone: 252-808-28081 FAX: 252-247-333OAtfllernet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DCM % DWQ % Development Type FEE (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial development that does not involve 5250 100%($250) 0% (SO) the filling or excavation of any wetlands or open water areas: II. Public or commercial development +r that does not involve the filling or $400 100%($400) 0% (SO) excavation of any wetlands or 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). For Private, non-commercial development, If General water Quality 5250 100% (S250) 0% (SO) Certification No.3301 (see attached) can be applied: 111(8): For public or commercial development, if General water Quality 5400 100%($400) 0% (SO) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and 5400 60%(S240) 40% (S160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3301 (see attached) 5400 60%(S240) 40% (5160) can not be applied: IV. For development that involves the filling and/or excavation of mor $475 60%(S285) 40% (S19O) than one acre of wetlands and/or open water areas: Form DCM-MP-1 APPLICATION (To be completed by all applicants) !)f ?: ; -[1Q2 b. City, town, community or landmark 021?Kf?4G N ? 28bT 1. APPLICANT c. Street address or secondary road number 2+40 01qC14AR0 C2EEK PoAIj a. Landowner: Name CRAIC* t l. f CA7/{ERINE .S S6FF E6 Address 300 EAST r4or2NE Aye,4dE City FXKM O U E State N C Zip 07(?28 Day Phone 252- 522 - 145 Fax 252- 522 -7/ 7160 e- MM I CNC Srr FFEF0A/i: TS64P6-• NET' b. Authorized Agent: S? X3/7 d. Is proposed work within city loft or planning jurisdiction? Yes V No e. Name of body of water nearest project (e.g. river, creek, sound, bay) N EJS? ?E?2 SEE AZAcKED MAP 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name WILLIAM T TATS T- Address 334 WivDDiv4 Woobs WAY' City 6-A 0 Fo P- i State C 2 g- 16 Day Phone 262-728-696-- Zip Fax 252- 728- 7016 6--mail VVZAiST 6)CC.R2•CaM c. Project name (if any) A NOTE. Perndt will be issued in name of landowner(s), and/or projed name. 2. LOCATION OF PROPOSED PROJECT a. County 'PAML (C 0 List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. • deal ?romr E mc-a • uNG IGG SAND Fitt, An/D MAQs -l (,AAMN • /1/Nl_C NAA1ecr o/' eysrIiN4 k?Fwi7J eAlr b. Is the proposed activity maintenance of an existing project, new work, or both? I 6774 c. Will the project be for public, private or commercial use? F'Ra ?AT E- d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. 72#1 S Sf?OK G G/ N E /,L TG-Cr'l oly p9aJ C c r W141, GoNTQaI ?AAIK CRe 5 to Al A441V4 TNT A/EcJSE RI?F2 AND PRoPo 4 Arr CoAV'AL M42sN 1?1, 4NTS. :5!?'e-A kIhE-6 DF5C2(PriaN 1.-Pi?44j*45 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS m. Describe existing wastewater treatment facilities. .SOPrie- 7-Miit AMD J)gAtAl FiEL, a. Size of entire tract 19.9 Ac2Es 7-wd cars b. Size of individual lot(s) 1*.c9 Aced's y 9.8AcrtO c. Approximate elevation of tract above MHW or NWL ¢ - 7 f1 d. Soil type(s) and texture(s) of tract ri'Ne swvo AA/40 c[aY e. Vegetation on tract LAW.Al,, AN&// i_If4ss AND /JiNt:' ?aREsT' f. Man-made features now on tract ¢o' x 80' 2 - SfdRI( ME?"Ac $tJr[Dtni G g. What is the CAMA Land Use Plan land classification of the site? (corsair the ioew rand use plan.) Conservation Transitional Developed Community X_ Rural Other GV/lfc2 15 CGAstrF?6b CaNSER?Arir h. How is the tract zoned by local government? IZU2A L_ i. Is the proposed o?ect consistent with the applicable zoning? Yes No (Attach toning caonpUance cerWficau, if appifcabk) j. Has a professional archaeological assent been done for the tract? Yes No If yes, by whom? k. Is the project located in a National Registered Historic District or oes it involve a National Register listed or g;le property? Yes No 1. Are there wetlands on the site? Y Yes No Coastal (marsh) ? Other If yes, has a delineation been conducted9 d o (AnaA dommenradon, If aaail k) n.• 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.) .S02GAcE RUAlOPr- o. Describe existing drinking water supply source. vVEL L 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy or 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 7J.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 larger plats are 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 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 proof that such owners have nx*lved a copy of the application and plats by owtified 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name JosapN L. YouNt, Address 512 ORcHARO e-ReCK ROA Phone ORiENrAL-f G 285 T I 252-249-2237 r Name i' mLICn LoMMVN#7Y 604tE4E rufOAnw Address F. O - FOX 185 2 9? Phone `9ANfs i3a2 a f4 C- 2 85 252 - 2 t-9 -18.5/ • or work on the project tract. Include permit numbers, permittee, and issuing dates. CA ENfrAA . Pe ?-M17- 412 932- c C R--.14 ='Kk-r tt y" S e-IrFCE 4114-199 Ca PY h it-ACtlE9 • A check for $2N'm-ade payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. :?4- T 5 , o o • A signed AEC hazard notice for projects in oceanfront and inlet areas. NIA • A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 0E i; inn( 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 in 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 rkday of Jece#"deF ja2 o d2 Print Name CRAIC, 1-1 . 5TEFFEE Signature 22 Imndow"er or Audioriud Anew Please indicate attachments pertaining to your proposed project. X DCM MP -2 Excavation and Fill Information 9 DCM MP-3 Upland Development DCM MPd Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOT- Please sign and dote each attachment in the gwce provtded at the bottom of each form. Expenditure of public funds will be in strict compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A sections 1 to 10). Cmi H. Steff Form DCM-MP-2 EXCAVATION AND FILL (Except 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Fiaal Existing Project Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock S I LL breakwater t4AtZS14 _56 Other SANS (Excluding FILL shoreline stabilization) Length Width Depth Depth &S31 14-1 0.5 C&A,4 ( CA ma-ty v c3 fre<rd'40 ?Ro P?*rc r r 1. EXCAVATION W1 a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL `% t'J/A I a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? D-1-A nllUC Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilizatio Bulkhr Ripra EA%r HI4 I+ C7RauND MARSH ? oC b. Length 3 3 ' ? q 3' c. Average distance waterward of MHW or NWL t o' 5 d. Maximum distance waterward of MHW or NWL lot e. Shoreline erosion during preceding 12 months 3 FEer o2 GrREh'WR- (Source of inf0"Wdon) pl e PEK7Y Q W N c 2 Q Bs ere mvn a N s f. Type of bulkhead or riprap material (f LASS. ] 19An1,re 57-Wa g. Amount of fill in cubic yards to be placed below water level (1) Riprap t 5o cY (2) Bulkhead backfill A h. Type of fill material Crass Z7 <'9 AN i r6- i. Source of fill material OuARQY MATt='RiAL. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will 1 material be brought to site? Yes No If yes, i;l0 (1) Amount of material to be placed in the water 550 C Y (2) Dimensions of fill area 490'&v4 x a- 44o'w1oc = 9,8ao sF (3) Purpose of fill F S rA du s N Suiwi.g beri-N To GQaw/N aH 71ANrS b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes 7'?'- No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? - Urz,B1 t) ITY C.uf2TAItj ^Nb SrONE SILO. AL014 WiTtf MUSH PLANTS b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Ac14NaC c. Will wetlands be crassed in transporting equipment to project site? X_ Yes No If yes, explain steps that will be taken to lessen environmental impacts. cao 4TS Wii c BE US 6 b 7"0 /N/AtIZE - 1SrveQANCF - (f RAI4 . YT==C C F Applkant or Pro?ed Name /j' l I - ? - SWUture 2/Zy/2oo2 Date Form DCM-MP-3 UPLAND DEVELOPMENT C??,? 4 Cf?rh??12?IJhr Sr?F?Ea ??oP?=?rrr . (Construction and/or land disturbing activities) 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. a. Type and number of buildings, facilities, units or structures proposed A4 N 6r' b. Number of lots or parcels z c. Density (give the number of residential units and the units per acre) 1 Rgs1boycE oN 19. 9 ACRC- S d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 1jb66 cF of lo' p/ioE (e,vsr,eucnwv Acec ss 766 6F o F Zo' wiOE 41t A01kofem r e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the ision of Land Resources? -Yes No If yes, date submitted h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environm tal Management for review? Yes No If yes, date submitted i. Describe proposed npethod of sewage disposal. A j. Have the facilities described in Item i. above received state or local approval? A (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). SuRGACE ,Qvl?ur'F 1. Describe proposed drinking water supply source . (e.g. well, community, public system, etc.) f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. IloNE g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. BONE Yes ? No m. Will water be impounded? If yes, how many acres? _ n. If the project is a oceanfront development when was the lot(s) platted and recorded. ; A c-,em4 y. srErr EC Applicant or Project Name 21" N,S Signature I"- 00 Z. Date COPS 2U CAMA AND DREDGE AND FILL GENERAL N° 021532 -c- PERMIT as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC U1H.+lit> ' 01 H-. Qc_r?; C>1 0 .t3r•o• Applicant Name C_ZAIG? hND kA y ?jTE c ?S? 153-_`3,-n Phone Number Address City t ?tt?LC State rv<- Zip_? ,;? 13 Project Location (County, State Road, Water Body, etc.) Ems' tom c;.FF `TH-c icc• ?v?l-) LOcz;> A0 3P$% EfLSTCF Ltar? r?iu? A-t?? Cs2C-xfr2il CF??. Type of Project Activity (tJ_i_,?t Pr 5 1 x Cowl ;xr. ?ke2 I?xSrrtu- A I5 ? - 4t7 ? ?FFMP. INSTnL-? AP?R?+s to E1 Y -7 CO F-r . nF ?cc t p 7?? I ?7 Gy FL,A, eC4rL,_ r?TA3c t f PROJECT DESrC-R'IPTTIION SKETCH \? \ (SCALE: t,:x^c ) Pier(dock)length - s 6--JEFO : ( ® r1 tiJi; p ?` \ ?? t?U?t_r'ri rtN 11\\JJ C .?'?C.oA7Cr? MA?at Groin length IVO L t?jZL7?Af? It ?° 5 °'?X(dl ?IL number 'N-ficff mkt-1%_1tA ltiSrr?jlc??!5 rc'? ? I ? ? Bulkhead length ttll?1N?, ??F1+1 . I --? MQ max. distance offshore U Fr,_ SX.A FLAP Le Nr__ Basin, channel dimensions,,r<, cubic yards Boat ramp dimensions is EE G Other 2 1?6 7t uxk-5 sF7 .4 ` ` l G V1.1Nt1?, r , r '?F?PtD ? r r To Yc:Wt i. f?EFFE 2a? jy This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. applicant's signature permit officer's signature issuing date expiration date attachments d? ? I I(DD ( o-7 H . 1 44 .1?OC? In issuing this permit the State of North Carolina certifies that C7? Cht t ?? this project is consistent with the North Carolina Coastal application fee Management Program. LOCATION AND DESCRIPTION OF SHORELINE PROTECTION / MARSH RESTORATION PROJECT Craig H. and Catherine S. Steffee Property at 2460 Orchard Creek Road near Oriental, North Carolina The property is located on two parcels approximately 5 miles east of Oriental, NC off Orchdr&Creek Rd.' Project Description looking from east to west consists of • Construction of a new stone revetment along approximately 313 feet of eroded embankment. • Construction of approximately 283 feet of stone sill and intermittent marsh toe revetment with grading and marsh planting behind the new stone sill. • Repairs to an existing stone revetment including the addition of 1-foot of topping stone. • Extension of the existing revetment for 20 feet to west. • Demolition and removal of existing wood bulkhead and construction of approximately 443 ft. of new stone sill. The area behind the sill will be filled from zero to 2 ft. with sand along with marsh plantings to propagate new marsh vegetation. The embankment along the landward side of this section of shoreline will be shaped to a 4H:1 V slope and planted with upland vegetation. • Turbidity curtain will be used to contain the work area. • Areas disturbed by construction equipment will be seeded and mulched to re-establish vegetative cover. 55 Straight Rd. SR 1321 Orchard Creek Rd. SR 1317 7 " Neuse River Oriental, NC Steffee Property 2460 Orchard Creek Rd. / General Area Sketch SR 1317 Steffee Property Mail Box Label 2460 Orchard Creek Rd. \ New 20 ft. P/L Extension of Existing Revetment \ \ New Stone \ Revetment Existing \ Revetment Orchard Creek Rd. \ \ -. ?• 40x80 Metal ?1 Building \ s r J/ New Sill See Detail Dwg. See Detail Dwg. Property -WEST 1 _? ' Property-EAST New Stone Sill, Remove Intermittent Remnant Revetment & Bulkhead Marsh Plants 1 C? II O C? 0 a ?n O D .\ ? I ? 2 y , C ? N 1` l `? ?\ G1 2 w ? ? I r? , D ? S t I? ? / l D ?oC?2 V i 7' I\L. , C I ,7 o ?? n ? I v -. 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N Vi f^. -G D w - f r W ~ o _ Q J 2 ?+ N w'1 n h ;7 O b O v N;'1 eq ;h 7N ?? 0 v r?N Oh NN n:, U N ; h O N m v O ;n b n 1? h b . ;l7 b !?h m Z O O cn ?n In 2 2 In vl cn In co cn In b to vl F; Qi U O •? J N J h J v J hm J J hap q °'? ?? J J J J J J J J i 1 1 W W 0 2 O O it N ? U O ?? v ¢ W x i ^W 3' cn 2 J ? a m , ? ? 2 0 J r 4 n II ??/ 2 2 4 J 2 II ?? W ?o om i j' / z J Z W a /b O O O^20 q W OJym J h tiUO?,?h mR VOA Q Op, ? U ? 4 w N 4" (y 0 0 W U ? Q t? Lri L N 1-7, ? W q U 4U? O e20 I W zoo ,?? ZOO I N? WQm Iti h ??- I WW 2 ? ?J? Ip 2W U W "1 0 4 I \ W ? W orz ,Of' OF 1 N O ?. h I? L I ?L Cr? L CJ z zl ? ? I I r2 N2 k OW ?W oq ?o Off"/c`? 4 ? V e/e 2 z ?- /?? / III \ 2 ti GOB ?OP / ill cl. z c U] O r \ ill i A SLIDE 13- - - 5l 0 g' ?j Id 2 W ?I III rERLINE PLA7 GABWE - - 5 g b? RECORDED CANAL CEN _ =- EDGE OF CANA1 == --------- - - --- , - ---- a 2 ??I _ = = = - - - l -----_-- 474.87''---" - - - - - - - - _---------EDGE OF CANAL --_- - Q 2 U \ 2 o Chu 2 U QL6 zU \ O /I ?2 ?3Qtu o rnb. a ? ??2J 2¢ v? O C 2O2 2 ¢8 piW,C4 L pNU t=n2 O 4U?2 O O S co WUmU n ?¢ Q an a0 I, ? I I? 'I ? U ? I X31 1 W~ _2¢ LU ? o uj `, W W ?? Qo I b \ I I V O ., DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Craig and Catherine Steffee PROJECT NAME: 2. LOCATION OF PROJECT SITE: Pamlico County off NCSR 1317 at 2460 Orchard Creek Rd on the Neuse River near Oriental. Photo Index - 2000: 78-854 R:18-14 1995: 78-585 M:11-15 State Plane Coordinates - X: 2,711,600 Y: 487,600 Broad Creek Quadrangle Lower Left GPS File # 3. INVESTIGATION TYPE: CAMA & D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 19 November 2002 Was Applicant Present - Yes, agent 5. PROCESSING PROCEDURE: Application Received - 27 December 2002 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Rural with Services (Land), Conservation (Water) (B) AEC(s) Involved: PTA, EW, CS (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Tank Planned - N/A (F) Type of Structures: Existing - Single-family residence and pier Planned - Offshore stone revetment and riprap (G) Estimated Annual Rate of Erosion: 3 feet Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DRFDnFD FILLET) OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 22,537 ft2 Creek Bottom (C) Other 24,000 ft2 Uplands Filled and graded (D) Total Area Disturbed: 46,537 ft` 1.07 ac (E) Primary Nursery Area: No (F) Water Classification: SA HQW NSW Open: No 8. PROJECT SUMMARY: Applicant proposes to install 653' of offshore rock sill, 313' of rock riprap and to place riprap waterward of 93' of existing marsh. The area landward of the proposed sill would be filled and graded for planting of marsh species. A 10' by 1,000' access road across high ground is also proposed. Craig and Catherine Steffee Pamlico County Project Setting The applicant owns a 19.9-acre tract of land adjacent to the Neuse River in the Community of Pamlico, in Pamlico County, North Carolina. The property is on the north bank of the Neuse River, and has an elevation of approximately 5.5 feet above the normal water level. There are extensive uplands on the property, bordered by coastal wetlands along the shoreline. There is a narrow ditch that drains a coastal wetland along the western side of the property. There is a large steel building that houses a single-family residence and a garage and a private pier that provides moorings for two vessels. The high ground is vegetated with a mix of pine trees and scattered hardwoods. There is a small area of maintained lawn near the pier. An existing area of marl riprap stabilizes 200' of the shoreline near the middle of the property. There are large areas of coastal wetlands on the property. These areas extend as fingers into the property for approximately 400 feet on the west side of the lot and approximately 150 on the east side. The wetlands areas are dominated by S artina alterniflora, Juncos roemerianus, and Spartina paten s. The project area is bordered on the east by an undeveloped wooded area owned by the Pamlico Community College Foundation that is vegetated with pine trees, shrubs and small hardwood trees. Tine shoreline is protected by extensive riprap. The property to the west is also heavily wooded and undeveloped. The shoreline is a natural clay bank that show evidence of severe erosion. The Neuse River forms the southern property line, and NCSR 1317 forms the northern property boundary. The Neuse River is classified SA HQW NSW by the Environmental Management Commission and is not open to shell fishing at this location. The property is located in the Neuse River Basin, and is subject to the Environmental Management Commission's (EMC) Neuse River Basin Nutrient Sensitive Waters Management Strategy. Project Description The applicant proposes to install a rock riprap sill approximately 30 ft waterward of the NWL. The sill would have a maximum base width of 14 feet and a crest width of 2 feet. It would project 1 foot above the nonnal water level, with a side slope of 1.5:1. The proposed sills would be placed waterward of areas that are currently vegetated with coastal wetland species, and the areas between the existing marsh and the sill would be graded and filled to a height appropriate to support marsh plantings. Fill material would be clean sand. At the ends of the proposed sills, 93 ft. of riprap would be placed abutting the existing marsh substrate to provide protection to the eroding marsh. The proposed sill would be constructed in two sections, one 240 ft. long section adjacent to the coastal wetlands on the eastern side of the property, and one 413 ft. long section adjacent to the marsh on the western side of the lot. The eastern sill would have one opening to allow tidal flow in an existing creek. The applicant proposes to install riprap along the high ground shoreline at the western border of the property. The riprap would placed adjacent to 313 linear feet of shoreline and the toe would extend a maximum of 10 ft. waterward of the normal water level. A 10' by 1,000' construction road is proposed on the high ground to allow access for construction vehicles and for Craig and Catherine Steffee Pamlico County Page 2 the transportation of rock to the project area. Anticipated Impacts The project as proposed would impact 46,537 ft2. Construction of the stone sills would result in the filling of approximately 9,142 ft2 of shallow river bottom. Placement of fill landward of the sills for the planting of coastal wetland species would cause the conversion of 9,800 ft2 of shallow water habitat to coastal wetlands. Placement of the proposed riprap and marsh protection riprap would result in the filing of an additional 3,595 ft2. A 10' by 1,000' construction road is proposed on high ground to provide access to the project area. Localized short-term turbidity increases will result from constriction activities. Tracey L. Wheeler - 7 February 2003 IN REPLY REFER TO Regulatory Division Action ID No. 200310345 Craig H. Steffee 300 East Horne Avenue Farmville, North Carolina 27828 Dear Mr. Steffee: FEB 4 i On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received February 10, 2003, for Department of the Army (DA) authorization to construct an offshore rock sill, place riprap material, and fill and grade an area for marsh planting, on property located off State Road 1317, adjacent to the Neuse River, near Oriental, in Pamlico County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 February 12, 2003 -2- You# application, pursuant to Section 10 of the River and Harbor Act and Section 404 of'tH6,,Clean W er *-.-has been assigned Action ID No. 200310345 and will be coordinated by Mit.'Ral land i-n our Washington Regulatory Field Office. Mr. Bland is available at telephone (252)„975-1616, extension 23. Sincerely, Q4U, ?" Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 John Dorney Water Quality Section ivision of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza II, 151-B Highway 24 Morehead City, North Carolina 28557 IN REPLY REFER TO Regulatory Division Action ID No. 200310345 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 February 12, 2003 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Mr. Dorney: C? ar?.l1..? ? f Please reference the application of Craig Steffee for Department of the Army (DA) authorization and a State Water Quality Certification to construct a rock sill, place riprap material, and fill and grade an area for marsh planting, on property located off State Road 1317, adjacent to the Neuse River, near Oriental, in Pamlico County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by April 14, 2003, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, ?VQ014 Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638