Loading...
HomeMy WebLinkAbout20201398 Ver 1_CAMA Application_20201106ROY COOPER Governor MICHAEL S. REGAN Secretary NORTH CAROLINA Environmental Qualitr September 14, 2020 MEMORANDUM: 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.bodnar Wricdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Dr. Hale Stephenson Project Location: NC Hwy 92 at 123 Brookshire Drive Adjacent Bath Creek BRAXTON DAVIS Director, Division of Coastal Management Proposed Project: The applicant proposes to bulkhead, fill and grade ±1,645 ft2 of section 404 wetlands regulated by the U.S. Army Corps of Engineers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grew Bodnar at the address above by October 5, 2020. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 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 State ofNorth Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 ROY COOPER •, Gavernar { MICHAEL S. REGAN •i'j;l � . Secretary BRAXTON DAVIS NORTI I CARO�INA UlreGor, UtvLvlmr o(Coavtal Managnn"d September 14, 2020 MEMORANDUM.' 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) Qreeg.bodnar@ncdenr.00v SUBJECT: CAMA Major Permit Application Review Applicant: Dr. Hale Stephenson Project Location: NC Hwy 92 at 123 Brookshire Drive Adjacent Bath Creek Proposed Project: The applicant proposes to bulkhead, fill and grade ±1,645 ft' of section 404 wetlands regulated by the U.S. Army Corps of Engineers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gre-go Bodnar at the address above by October 5, 2020. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 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 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808.2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Dr. Hale Stephenson 2. LOCATION OF PROJECT SITE: located off NC HWY 92 at 123 Brookshire Drive in the Town of Bath in Beaufort County, North Carolina Location - 35' 28' 3 1 " N 760 49' 10" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4 September 2020 Was Applicant Present — yes 5. PROCESSING PROCEDURE: Application Received — 31 August 2020 Office— Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan -1997 Beaufort County Land Use Plan Land Classification from LUP - Conservation (water), Rural (land) (B) AEC(s) Involved: Public Trust Shoreline, Public Trust Area (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing — septic tank Planned - none (F) Type of Structures: Existing — dwelling, bulkhead, pier, boatlift Planned — bulkhead and fill of section 404 wetlands (G) Estimated Annual Rate of Erosion: 2.0' (H) Source — applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (404) tl 645 ft2 filled (filled) (B) Non -Vegetated Wetlands River Bottom (C) Other (Uplands) covered (D) Total Area Disturbed: t1,645ft2 (0.04 acres) (E) Primary Nursery Area: yes (F) Water Classification: SB NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to bulkhead, fill and grade f1,645 ftz of section 404 wetlands regulated by the U.S. Army Corps of Engineers. Dr. Hale Stephenson 123 Brookshire Drive, Bath Beaufort County Proiect setting TJ's Marine Construction, LLC has submitted a CAMA Major Permit application on behalf of Dr. Hale Stephenson for the installation of a bulkhead and wooded wetland fill located at his property off NC HWY 92 at 123 Brookshire Drive in the Town of Bath in Beaufort County, North Carolina. Man-made features at the project site include a single-family residence, bulkhead, pier, platform with an uncovered boatlift. The single-family residence sits on 2 separate lots. The lots are .47 and .59 acres in size. The total for the two lots is 1.06 acres and have a total shoreline length of +220 linear feet on Bath Creek. The lots are approximately 4.0'-5.0' in elevation above the Normal Water Level (NWL). The lot is mostly vegetated with lawn grasses, various hardwood trees and wooded wetland vegetation. On 17 April 2014 CAMA GP 62818-B was issued for the installation of approximately 175 linear feet of bulkhead. Approximately 75 feet of shoreline was not bulkhead at NWL because it had been previously delineated as wooded wetlands under the jurisdiction of the US Army Corps of Engineers (USCOE). The wooded wetland is approximately 1,645 ft2 in size. The bulkhead was permitted to be aligned landward of this wooded wetland. Both the downstream and upstream properties are stabilized with a bulkhead. The upstream and downstream lots do not have any upland development. Bath Creek is classified as SB NSW by the Environmental Management Commission at the project site. Bath Creek is classified as inland fishing waters and is a primary nursery area. The property is subject to the Tar -Pamlico Riparian Buffer rules enforced by the N.C. Division of Water Resources. Proiect description The applicant proposes to bulkhead 75 linear of shoreline at the NWL and backfill approximately 1,645 ft2 of wetlands under the jurisdiction of the USACOE. Approximately 1,500ft2 of these wooded wetlands are located within the Public Trust Shoreline Area of Environmental Concern (AEC). The applicant proposes to plant live oak trees on ten foot spacing in the Tar -Pamlico Buffer as described in the project narrative. Anticipated impacts The project will result in the filling and grading of f 1,645 ft2 of USACOE wooded wetlands of which t1,500 ft2 is located within the Public Trust Shoreline AEC. Kelly Spivey — 9 September 2020 RECEIVED AUG 3 1 2020 DCM-WARO Auddaorizeci lgen2 CojaSeai Ejgj°eeseYa /E ,r�o- , D Marine Construction, LLC to act p i✓ � herby authorize Tobin Say Tetterfon of my behalf in obtaining CAN1A Permits for :location listed below. PROPERTY ADDRESS: PROPERTY OWNER'S -WAILING ADDRESS: 5 D �f yi /) A %2 /6.L Phone Noa_6,?__7i 7— � D % PROPERTY OWNER'S AUTHORIZED AGENT DATE: 2tl%00 -WA.uemrimc Anent Consent Aere, ACM Page 2 TJ'S MARINE CONSTRUCTION LLC P.O. BOX 125 PANTEGO NC 27860 252-943-6677 EMAIL: tobin@rsnet.org 6 August 2020 Mr. Kelly Spivey, District Manager Division of Coastal Management Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 Dear. Mr. Spivey: RECEIVED AUG 3 1 2020 DCM-WARD Enclosed is a Major CAMA permit application submitted on behalf of Dr. Hale Stephenson for further development of his property located off NC HWY 92 at 123 Brookshire Drive adjacent Bath Creek in the Town of Bath, Beaufort County, North Carolina. Dr. Stephenson is now seeking authorization to impact with backfill the wooded wetland he avoided in 2014 with his previous bulkhead/shoreline stabilization project authorized by CAMA General permit no. 62818-B. Dr. Stephenson is now proposing to tie into the existing bulkhead on the north and south ends where the existing bulkhead turns landward to avoid an existing 404 wooded wetland and construct a new 75-foot-long section of bulkhead aligned at the normal water level (NWL) in a straight alignment. The backfilling of this new section of bulkhead will impact 1,645 ft' of wooded 404 wetlands. Dr. Stephenson desires this straight bulkhead alignment due to the increasing vulnerability of the irregular shaped bulkhead alignment as the wetland shoreline erodes exposing the existing angles and turns in the wall to increased wave energy. The angles and turns created to avoid initially any wetland impacts has put stress on the sheeting that over time can lead to failure. This pocket of bulkhead wall has trapped floating pier debris and downed trees during tropical storm events that have impacted the sheeting. Also, during high energy storm events this area has collected organic and manmade debris/trash resulting in offensive odors from decaying organics and unpleasant aesthetics from discarded trash. As a mitigating measure for impacts to Tar/Pamlico Riparian buffer from this project proposal, Dr. Stephenson proposes to plant live oak trees on ten -foot spacing int the 50' buffer with the exception of the bulkhead tie back area (first 10' landward of the proposed bulkhead) which will be maintained lawn grasses. The 10-foot spacing is proposed to follow the density guidance of 320 living stems per acre from the Division of Water Resources staff regarding maintenance of a forested riparian buffer. The application package consists of the required MP-1 and MP-2 forms, adjacent riparian property owner notification, signed agent authorization, a copy of the deed, permit drawings and $400 check covering the application fee. Please review the plan view and cross section, if they are satisfactory please let me know and I will send the other required 24 copies. An application for a "Zoning Compliance Certificate" was applied for on 7 May 2020 with the Town of Bath. Per my phone conversation with Bubs Cason, Town Manager, he will be sending it to me this week. Once I receive it, I will forward a copy for your records. Thank you for your time in processing this application and I am available to answer any questions you may have if you will call me at (252) 944-5555. Sincerely: Tobin Tetterton TFs Marine Construction LLC RECEIVED AUG 3 1 2020 DCM-WARD DDIA MP-1 Rr-c;EIVED APPLICATION for AUG 31 ZRO Wor Development Permit DCM_NNARO (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name N/A Project Name (if applicable) Hale Stephenson Bulkhead Applicant 1: First Name Hale MI H. Last Name Stephenson Applicant 2: First Name Lee MI C Last Name Stephenson If additional applicants, please attach an additional page(s) with names listed. Mailing Address 3504 Hunington Road PO Box City Greenville State NC ZIP 27858 Country Phone No. - - ext. FAX No. Street Address (if different from above) City State ZIP Email 2. Agent(ContractorInformation Business Name Tj's Marine Construction Lie Agent/ Contractor 1: First Name MI Last Name Tobin J Tetterton Sr. Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 125 Pantego NC ZIP Phone No. 1 Phone No. 2 27860 252-943-6677 ext. 252-944-5555 ext. FAX No. Contractor # 252 943 3949 Street Address (d different from above) City State ZIP Email tobin@rsnet.org <Form continues on back> 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement. net Form DCM MP-1 (Page 2 of 4) RECEIVED APPLICATION for AUG 3 1 2020 Major Development Permit 3. Project Location -WARO County (can be multiple) Street Address State Rd. # Beaufort 123 brookshire Drive HWY 92 Subdivision Name City State Zip Brookshire Bath NC 27808 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 717 - 0307 ext. 7, 8, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar Pamlico Bath 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 Pamlico River e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Bath 4, Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +400' 0.47 +0.59 = 1,06 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.47, 0.59, 1 NWL (normal water level) (If many lot sizes, please attach additional page with a list) >3' ❑ NHW or ® NWL e. Vegetation on tract Uplands vegetated with maintained lawn grasses. 404 wetland vegetated with a small number (< 5) of tress including Liquidambar styraciflua and Taxodium distichum. Shrubs are more numerous including Myrica cerifera, Cephalanthus occidentalis and Baccharis halimifolia. More dominate are the herbs and grasses including Murdamnia keisak, Leersia oryzoides and Juncus effusus. I. Man-made features and uses now on tract Two existing residential lots developed with one single family residence, pier, bulkhead and retaining wall. g. Identify and describe the existing land uses ad 'agent to the proposed project site. Residential Subdivision. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA 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 ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1-888.4RCOAST :; www.nccoastatmanagement.net Form DCM MP-1 (Page 3 of 4) RECEIVED APPLICATION for AUG 3 1 2020 Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ❑Yes ®No (Ili) If yes to either (I) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Onsite septic system. o. Describe existing drinking water supply source. County Water p. Describe existing storm water management or treatment systems. Diffuse Flow through vegetated area. 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. Stabilize eroding shoreline. 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. Bulkhead to be constructed with vinyl sheeting driven by hydraulic vibratory hammer on a small excavator. A dump truck, skid steer and tractor will complete the backfilling. d. List all development activities you propose. Propose to construct 75linear feet of bulkhead. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 2,000 Pt ®Sq.Ft or ❑Acres g. Wit 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. Surface runoff 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> 252-808-2808 :: 1-888-4RCOAS'f :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) RECEIVE® APPLICATION for AUG 3 1 2020 Major Development Permit nPo 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) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. 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 Roy S. and Elizabeth O'Brien Phone No. (252) 721-4752 Address 105 Sheppared Landing Washington NC 27889 Name Worthy Enterprises LLC F.S. Worthy, Jr. Phone No. Address P.O. Box 30636 Raleigh, NC 27609 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. CAMA General Permit no. 62818-6 issued 17 April 2014 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 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. 1 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 knowledge. Date 19 June 2020 Print Name KJril �ti�orJ Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 2 5 2 - 8 0 8 - 2 8 0 8 :: 1-888.4RGOAST :: www.necoastaimatiagement.net RECEIVED Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) AUG 3 1 2020 ®CM -WARD 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 (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/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: d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. area. c. (i) Do you claim title to disposal area? []Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (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: (i) Does the disposal include any area in the water? []Yes ❑No ❑NA (ii) If yes, how much water area is affected? 252-808.2808 :: 1.888-4RCOAST :: wvvw.nccoastalmanagement.net revised: l2126/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) RECEIVED 3. SHORELINE STABILIZATION ���� 2mn ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 76' DMWARO ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: C. Average distance waterward of NHW or NWL: 0 e. Type of stabilization material: Vinyl sheeting g. Number of square feet of fill to be placed below water level. Bulkhead backfill N/A Riprap Breakwater/Sill Other_ i. Source of fill material. WA Width: 1.5' d. Maximum distance walerward of NHW or NWL: 0 f. (i) Has there been shoreline erosion during preceding 12 months? (ii) If yes, state amount of erosion and source of erosion amount information. 27year Personal Observation h. Type of fill material. N/A 4. OTHER FILL ACTIVITIES []This section not applicable (Excluding Shoreline Stabilization) a. (i) WII 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 (56), or (ii) Amount of material to be placed in the water WA other wetlands (WQ? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area ❑CW _ ❑SAV _ ❑SB IN) Purpose of fill ZWL 1645ft° []None (ii) Describe the purpose of the fill in these areas: To backfill bulkhead aligned to achieve a more sound/more etrn'ght bulkhead al ^✓rant to allow for greater shoraline protection over time. 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 controlled? backhoe, or hydraulic dredge)? Backfill and disturbed areas to be sloped graded and seeded Backhoe, skid steer loader, bull dozer and dump truck c. (i) Will navigational aids be required as a result of the project? []Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 8�—I XZ) Date Hale Stephenson Hale Stephenson Bulkhead Project Name Applicant Name ?S2-008-2808 :: 1-888-4RCOAST :: www.ncceastalinanagement.net revised: 12/26106 Form ®CM MP-2 ( xcavation and Fii: s of 3) 7;;L ,, �-/i`s' RECEIVE® Applicant Signature AUG 3 1 2020 252-808-2808 :: 1-888-4RCOASY :: ww .nccoastalmanagemeiit.net revised: 12/26/06 Adams ti n� Hale Stephenson Prop N Plan View {, NTS: Dimensions Shown'" Propose to backfill P/L I Date: 19 June 2020 1,645 ftz of 404 Sheet 1 of 2 wetlands Proposed 75' of Bulkhead aligned at NWL t Ftz B4FFer 123 Brookshire Dr Zone 1 Tar/Pam'Buffer 1,507 ftz Bath Creek To Worthy Enterprises LLC Prop 75 1 Google Earth Hale Stephenson Cross Section View NTS: Dimensions Shown Date: 19 June 2020 Sheet 2 of 2 Existing , Retaining Wall Area landward of bulkhead tiebacks planted with live oak (Quercus virainiana) trees on 10' centers. i i Final Maintained Lawn Gra � 10' — Area of 404 wetlands to be filled 30' Av. ✓ Proposed bulkhead RECEIVED AUG 3 1 2020 ncM-WARD Bath Creek Hale Stephenson Site Location Map 123 Brookshire Road Beaufort County Bath, North Carolina 27808 m n m N G O m O '® 0.5 1 2 Miles