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HomeMy WebLinkAbout20091320 Ver 2_CAMA Application_2009121509- 1 3 2 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson ep- Freeman Governor Director okimm cretary December 14, 2009 DEC 15 2009 MEMORANDUM: DENR -1NATER OUALfTY WETLANDS AND STORMIVATER BRANCH TO: Cyndi Karoly, Supervisor 401 Oversight & Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/Dredge & Fill Major Permit Application Review Applicant: Sheppard, Melvin - Sandy Ridge & Island Oak Subdivisions Project Location: Off Hwy 50, adjacent to Topsail Sound, in Surf City, Pender County Proposed Project: To perform maintenance excavation of canal system and access channel in the Sandy Ridge/Island Oak subdivisions Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 6, 2010. If you have any questions regarding the proposed project contact Jon Giles (910)796-7221, 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. SIGNED DATE 400 Commerce Ave., Morehead City, NC 28557--3421 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NorthCarolina naturally DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Melvin Sheppard - Sandy Ridge / Island Oak Subdivisions 2. LOCATION OF PROJECT SITE: The project site is located at Sandy Ridge / Island Oak Subdivisions off of NC Hwy 50, adjacent to Topsail Sound, in Surf City, Pender County. Photo Index-2006: 25-6584: M-0(15-24) & N-T(21-24) 2000: 25-328: J-K(1-10) & A-J (1) 1995: 25-311: I-J(3-14) & A-J(3-4) State Plane Coordinates - X: 2429451 Y: 242504 GPS File: P120312A Lat:34°24'28.23034"N Long: 77°34'34.42695"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/08/09 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - Complete on 11/12/09 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Surf City Classification From LUP - Uplands are Developed (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Existing canal adjacent to residential subdivision Planned - Maintenance excavation of canal system and access channel (G) Estimated Annual Rate of Erosion: N/A Source- N/A 7. HABITAT DESCRIPTION: [AREA] nRFncyFTI FTf T FT) nTT4FR (A) Vegetated Wetlands (coastal) (Temporary) 500 ft .2 (covered w/ mats) (B) Non-Vegetated Wetlands - open water 193,500 ft." (C) Other (Highground) 45,000 ft' (D) Total Area Disturbed: approximately 5.5 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to perform maintenance excavation of canal system and access channel. Melvin Sheppard Page Two 9. PROJECT DESCRIPTION: The project site is located at Sandy Ridge / Island Oaks Subdivisions, adjacent to Topsail Sound, in Surf City, Pender County. To get to the site from Wilmington, take US Hwy 17 North to NC Hwy 210. Turn right onto NC Hwy 210 and continue to NC Hwy 50. Take a right onto NC Hwy 50. Travel across the swing bridge to the stoplight. Take a right onto NC Hwy 50. The project site will be approximately 1.8 miles south on 50 on the right. Turn onto Sandy Lane, the canal is at the end of the road. The project area abuts 46 lots in two subdivisions (Sandy Ridge and Island Oaks). The existing canal is approximately 3,750 linear feet and averages approximately 40' in width, the existing access channel 1,450 linear feet and averages 30' in width.. The applicant states that the existing canal and access channel were created and have been used for navigation over the last 50 years. They have provided no permit history for this project. The canal and an access route are evident in the 1978 aerial photos. The applicant is stating that this is the traditional navigation route from the subdivision to the AIWW. The current water depths in the canal range from -1.5'@NLW to -4'@NLW and the access channel is approximately -1.5'@NLW. There are coastal wetlands present along the sides of the canal consisting mainly of Salt Marsh Cordgrass (Spartina alterniflora). The Surf City Land Use Plan classifies the upland areas of this project as Developed. The waters of the project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has NOT designated Banks Channel as a Primary Nursery Area, and the waters adjacent to the proposed project are open to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to perform maintenance excavation of the canal that measures approximately 3,750 linear feet in length and 40' in width to a final depth of -5'@NLW. In addition, the applicant is proposing to perform maintenance excavation of the access route (channel) which measures approximately 1,450 linear feet in length and 30' in width. The applicant is proposing to use the bucket to barge method for the dredging. The dredge spoil material is to be placed on a spoil island located to the west of the access route (channel), see disposal area sheet 1 of 3 labeled DA0184. The island does not appear to be owned, per the Pender County GIS maps. There are coastal wetlands present on the spoil island in the location of the off-loading site, (approximately 500 ft.'). The applicant is proposing to use mats to protect the wetlands from rutting as much as possible. A silt fence area measuring approximately 450' in length and 100' in width is proposed to contain the spoil material. There is ample room on the island to enlarge the spoil disposal area as needed to contain the material. 10. ANTICIPATED IMPACTS The proposed dredging would disturb approximately 193,500 ft.2 of shallow bottom. The disposal area would result in the disturbance of approximately 45,000 ft.2 highground. The hauling of material from the barge to the spoil area would result in the temporary disturbance of approximately 500 ft.2 of coastal wetlands. The excavation would likely result in a temporary increase in turbidity. Submitted by: J. W. Giles Date: December 10, 2009 Office: Wilmington RECEIVED 1,Ai11- INGTON, NC OV 12 2009 Chad Kimes, FE 104 Newton Road Hampstead, NC 28443 910-470-4494 dckimes(&,charter.net October 12, 2009 NARRATIVE For Sandy Ridge and Island Oaks Subdivisions Mr. James (Rick) Melvin Sheppard Mr. Rick Sheppard is requesting to maintenance dredge the canal adjacent to Sandy Ridge and Island Oaks Subdivisions on the canal leading to the Intercoastal Waterway. Mr. Sheppard owns Lot # 30 on Sandy Ridge Lane and is representing the other homeowners along the canal. This canal and channel has been traditionally used for over 50 years. Currently, the water depth ranges from 1.5' to 4' at NWL, which is causing difficulty with boating and docking. Mr. Sheppard is requesting this be dredged to 5' at NWL. Mr. Sheppard has contacted Coastal Dredging to perform the dredging. Coastal Dredging's method of dredging is with an excavator and a barge. The dredged material will be hauled to the spoil island west of the site. The estimated amount of dredged material is 13,000 cubic yards. The spoil will be loaded off onto the island as shown on the Disposal Area plan sheets. The barge can reach to where there will be an area of 50' in length where wetland mats will be placed so the material can cross to the disposal area. The impacts to coastal wetlands will be approximately 500 square feet. By utilizing mats, this will reduce any permanent damage. There will be much attention to this area while unloading as to reduce as many impacts as possible. The width of the proposed maintenance dredging will be 30 feet in the open water area and 40 feet within the existing channel. There will be no coastal wetlands impacted with the dredging. I, Chad Kimes, as a duly Registered Professional Engineer in the State of North Carolina, will be representing Mr. Rick Sheppard and Sandy Ridge Subdivision, and will personally oversee all of this proposed work. I am also certified in Erosion & Sediment Control Level III-A and Level III-B (#181, #204). If there are any additional quest-gn;? CAR , please contact me at 910-470-4494. \\??? . off <; : a SEAL 032106 09- 1 320 scowl APPLICATION for Maier Development Permit (last revised 11=7106) North Carolina DIVISION OF COASTAL MANAGEMENT 1, Primary Applicant Landowner Information Business Name Sandy Ridge And Island Oaks Subdivisions Project Name (if applicable) N/A Applicant 1: First Name Melvin (Rick) MI J Last Name Sheppard Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 117 Honeysuckle Lane PO Box City Mooresville State NC ZIP 28117 Country us Phone No. 704 - 664 -1085 ext. - FAX No. - - Street Address (if different from above) 30 Sandy Lane r;Ur fCity, State NC ZIP 28445- Email 2. AgentContractor Information Business Name Chad Kimes, P.E. (Engineer/Consultant) Agent/ Contractor 1: First Name MI Last Name Chad Kimes Agent/ Contractor 2: First Name MI Last Name Mailing Address T 77 ?? City State 104 Newton Road Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910 -470 - 4494 ext. - - ext. FAX No. Contractor # Street Address (f different from above) City State ZIP Email A^LAm A) hnrtcr not _ 9 (?+ [OW It <Form continues on back> . DEC 15 2009 Lm WEAR 0"s I'm 1 K*W OCT 15 2009 Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit I Project Location County (can be multiple) Street Address State Rd. # Pender Sandy Ridge and Island Oaks Subdivisions N/A Subdivision Name City State Zip Sandy Ridge and Island Oaks Surf City NC 28445- Phone No. Lot No. (s) (if many, attach additional page with list) N/A - - ext. See attached site plan, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Intercoastal Waterway Intercoastal Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ?Natural ®Manmade ?Unknown ICW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. Surf City 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 3,750 ft 1,450'x 30'+ 3,750'x 40'= 156,000sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or See attached site plan, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 1'-4' ®NHW or ?NWL e. Vegetation on tract No Vegetation on area to be dredged. f. Man-made features and uses now on tract Multiple Docks - see attached site plan g. Identify and describe the existing land uses adiacent to the proposed project site. Residential Lots h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) ?Yes ?No UNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No UNA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No UNA National Register listed or eligible property? <Form continues on next page> m. (i) Are there wetlands on the site? ®Yes ?No (ii) Are there coastal wetlands on the site? ®Yes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No ?Z i (Attach documentation, if available) 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit n. Describe existing wastewater treatment facilities. Municipal Sewer o. Describe existing drinking water supply source. Municipal Water p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of this project is to re-dredge the existing canal, so there will be 5' of water at NWL. The use of this facility is for boating. Daily operations will be boating. 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. There will be one excavator and one barge. Once excavated, the dredged material will be barged to an approved site. Please see the attachment. d. List all development activities you propose. 1. Dredge the existing open channel to a width of 30 feet and the existing canal to a width of 40 feet to obtain 5' of water @ Low Tide. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance Dredge f. What is the approximate total disturbed land area resulting from the proposed project? 156,000 ®Sq.Ft or ?Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NONE 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 ®NA j. Is there any mitigation proposed? ?Yes No ?NA If yes, attach a mitigation proposal. <Form continues on back> 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) - (f) 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 p tt? proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats,' itVi 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. TCT 5 2009 i w NC 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit 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 T P Inc A North Carolina Corp C/O Mr Ronald S. Bryant Phone No. Address PO Box 2180, Surf City, NC 28445 Name Mr. Kent Smith Phone No. Address 110 Island Court, Surf City, NC 28445 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), 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. 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 October 12, 2009 Print Name Chad q ies, PE Signature 1&4 cy Please indicate application attachments pertaining to your proposed project. ?? NDCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts 5 2009 ODCM MP-3 Upland Development ODCM MP-4 Structures Information Xj't,4 W LmjOG-j'ON, NC 252.808-2808 -. 1-888-4RCOAST ., www.nccoastaimanagement.net 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 ouroose Of DMDosed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin =Boat =Rock Rock Breakwater (excluding shoreline (NLW stabilization ) NWL Length 1,450' 3,750' Width 30' 49 Avg. Existing 1.5' NLW 1.5.4.0' NLW NA NA Depth Final Project 5.0' NLW 5.0' NLW NA NA Depth 1. EXCAVATION DThis 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. Sand/Mud 13,000 c y. NWL c. (i) Does the area to be excavated include coastal wetlandsimarsh d. High-ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), N/A or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ©CW DSAV ?SB OWL ONone (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Spoil Island West of dredge site. c. ( Do you claim title to disposal area? DYes ®No ?NA (5) If no, attach a letter granting permission from the owner. e. 0) Does the disposal area include any coastal wedands/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. ZCW 500 sf OSA1f ?` D QWL ONone (ii) Describe the purpose of disposal in these areas: This is for transporting spoil material only and will be temporary impacts b. 450'X 1 On' .ICJ:Ni Uk' L.M1A DEC 2009 DThis section not applicable area. d. (I) Will a disposal area be available for future maintenance? ?Yes ®No DNA (ii) If yes, where? f. (1) Does the disposal include any area in the water? DYes ONo ?NA (ii) If yes, how much water area is affected? revised- 9 v?rv?v.»ccoaataimanar emer+#.ne_t 252.808-2808 :: 1-888-4ROAST r. 2t2Sifl6 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) ?a. Type of shoreline stabilization: b. Length: ?Bulkhead ?Riprap ?Breakwater/Sill ?Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? ?Yes ?No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES 0This 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, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the (ii) Amount of material to be placed in the water number of square feet affected. (iii) Dimensions of fill area ?CW ?SAV ?SB (iv) Purpose of fill ?WL ?None (ii) Describe the purpose of the fill in these areas: 5. 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, controlled? backhoe, or hydraulic dredge)? Silt Fence, graded, seeding Excavator, Barge c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ?Yes ONo ?NA site? ?Yes NNo ?NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 10-12-09 p plic S atur Date Project Name Chad Kimes, PE OCT 1 Ap plicant Name 'Vf: VV i k" M, 252-808-2808 :. 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/26/06 f >n W C? Fts d• ? p O p ? r N rn rn 0 L o. b O w 10 H C v O CA .p. W i i C n Z. N 0? O -o m o u ` rn z ?l m? x Mp Ro . y. or a. 0 ??/llttlltlll??\`\ ? X h L X* rV1 F+ e ,- m ?o d? .n+ Z? 3 G? F 3 to ? w df '1' L ?{ N 3 3 C' ? o m v o ? s ;,t + 3t N Zr , , ` L D 3. t4A-ru}u,tE Pk4E' 2 W 2 y c O c Z Z n O ?w L? 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OL = I + f C 7 j C D 3 I I I 0 j I I p i n ?- Z cry I 1 c I p N ? -4 z GG Z D r ; m Z In 0 0 ConnectGI5 -tiSosAL Ata\ o? .3 OCT 15 2009 http://gis.pender•county.com/ConnectGlSWeb/(S(p1fls1451...y.com/output/Pender_gis03780895231702.jpg&Results=False(1 of 2)10/8/2009 7:24:25 AM 1:1000 feet RECEIVED ConnectGlS 'D?S?7aSP?. ?4?sA oG NOV 1 2 2009 QEV ,r/12/D q http://gis.pender-county.com/ConnectGISWebi(S(he4tac55....com/output/Pender_gis03780895228218.jpg&Results=False (1 of 2)10/7/2009 7:52:15 AM 1:100 feet RECEIVED lk c°kstM. WETt-" ACM WILMINGTON, NC