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HomeMy WebLinkAbout20210642 Ver 1_CAMA Application_20210518 0** $TATf 4 6 ROY COOPER Governor DIONNE DELLI-GATTI M;a a ` Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality May 18, 2021 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(a�ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Ronnie & Sharon Cahoon Project Location: Off Hwy 99 on Hoff Road Beaufort County Belhaven Proposed Project: Proposing to install 45 linear feet of bulkhead along NWL with exception of where it will span and existing manmade basin measuring 195ft2 will be back filled. Also proposed is 10-footreutne wall along the eastern property line. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by June 8, 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 D_I Q North Carolina Department of Environmental Quality I Division hington of Coastal Management �1 Washington Office 1943 Washington Square Mall I Was ,North Carolina 27889 1252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 1910.796.7215 N«'~CA 'INA Morehead City Office 1400 Commerce Avenue I Morehead City,North Carolina 28557 1252.808.2808 Dtpannsenimrm*onmmbnt QU a� �� �./ Elizabeth City Office 1401 South Griffin Street,Suite 300 I Elizabeth City,North Carolina 27909 1252.264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Ronnie and Sharon Cahoon 2. LOCATION OF PROJECT SITE: Lot#8A Hoff Road adjacent to manmade canal off Pungo Creek, Belhaven Location - 35° 30' 03.1" N 75° 39'30.5" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 1/14/20 and 5/11/21 Was Applicant Present—Agent Toby Tetterton at 1/14/20 5. PROCESSING PROCEDURE: Application Received Complete - April 29, 2021 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Beaufort County Land Classification From LUP: Residential (B) AEC(s) Involved: PTA, ES (D) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing—None Planned -- None (F) Type of Structures: Existing—None Planned —Bulkhead (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Shallow Bottom (manmade basin) 192ft2 (D) Total Area Disturbed: 288ft2 (E) Primary Nursery Area: No (F) Water Classification: SC, NSW Open: No 8. PROJECT SUMMARY: Applicant is proposing to install 45 linear feet of bulkhead along NWL with the exception of where it will span an existing manmade basin measuring 192112 will be backfilled.Also proposed is a 10-foot return wall along the eastern property line. Ronnie Cahoon Basin Fill and Bulkhead Beaufort County Project Setting The subject property is located on Hoff Road adjacent to a manmade canal off Pungo Creek in Belhaven, Beaufort County. This is listed as Lot#8A which is across Hoff Road from the applicant's other property, 1450 Hoff Rd. The lot consists of established lawn grasses and show evidence of having been filled to raise the grade in the past. The property is bordered on the eastern side, near the proposed development, by non-coastal wetlands on the adjacent landowner's lot. These wetlands are primarily Phragmites spp. Existing shoreline development includes 55 feet of bulkhead, a 16' x 12' basin, and approximately 30ft masonry rip-rap. Pungo Creek in the project location is designated is classified as SC, NSW by the Environmental Resources Commission and the project is subject to the DWR Tar/Pamlico 50' buffer. Pungo Creek in this area is classified as Estuarine Waters by the Division of Marine Fisheries and is closed to the harvest of shellfish. No SAV was observed on the site visit May 11, 2021. Project Description The applicant is proposing to install 45 feet of new bulkhead tying into an existing bulkhead on the property. The bulkhead will be a maximum of 16' waterward of normal water level(NWL) where it spans a manmade basin measuring 16' x 12' and the remainder will be at NWL. This basin will be backfilled to match the existing property grade. Along the eastern property edge, a 10' return wall is proposed on the property/wetland border. Anticipated Impacts The project as proposed will result in the fill of 192ft2 of shallow bottom in a manmade canal/basin as well as temporary noise and turbidity during construction. Shane Staples—May 17, 2021 T J 's Marine Construction, LLC PO Box 125 Pantego,N.C. 27860 27159 Hwy 264 East Belhaven NC 27810 252-943-6677 Office 27 April 2021 Shane Staples DCM Field Representative 943 Washington Square Mall Washington,North Carolina 27889 Dear Mr. Staples: Enclosed is a Major CAMA permit application submitted on behalf of Mr. Ronnie Cahoon for the construction of a bulkhead and the backfilling of a small basin on a man-made canal off Pungo Creek. Mr. Cahoon's property is located off SR 1717, Hoff Road, in Beaufort County near the Town of Belhaven. The project consists of constructing 45 linear feet of bulkhead and the backfilling of a 192 ft2 basin. The proposed vinyl bulkhead will tie into the return wall of an existing bulkhead with sheets being driven across the mouth of the basin intersecting with the opposite shoreline at the normal water level continuing in a straight line to the property line between Brown and Cahoon. A perpendicular return wall will be constructed for *10' up the property line. An excavator working from either side of the basin will drive the sheeting in place. The basin will then be dewatered with a pump. Once the water level behind the new bulkhead has been lowered, a skid steer loader or small bulldozer will push fill into basin level to the top of the new bulkhead. The fill will then be sloped, graded and seeded and covered with wheat straw mulch. Per the latest guidance from the Division of Water Resources I have submitted the electronic meeting request on 31 March 2021 in regards to obtaining the 401 Water Quality Certification and have included the email documentation in this application package. I certify that all information contained in this application package is true, accurate and complete to the best of my knowledge and belief. I hereby request that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Sincerely, Tobin Tetterton TJs Marine Construction mcr II!-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(if applicable) N/A Ronnie Cahoon Bulkhead and Basin Backfill Applicant 1: First Name MI Last Name Ronnie W. Cahoon Applicant 2: First Name MI Last Name Sharon W. Cahoon If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State 6073 Free Union Church Road Pinetown NC ZIP Country Phone No. FAX No. 27865 US - - ext. _ Street Address(if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Tj's Marine Construction LIc 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(if 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) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# Beaufort Off HWY 99 on Hoff Road SR 1717 Subdivision Name City State Zip N/A Belhaven NC 27810- Phone No. Lot No.(s) (if many, attach additional page with list) N/A- - ext. 1, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar Pamlico Man made canal off Pungo Creek 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 Pungo River e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed ®Yes NNo work falls within. Belhaven 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 133" 0.74 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or 0.38, NWL(normal water level) (If many lot sizes,please attach additional page with a list) >3' ❑NHW or NNWL e. Vegetation on tract No woody vegetation,vegetated with maintained lawn grasses. f. Man-made features and uses now on tract Vacant residential lot. Man made canal, bulkhead small man made basin. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential. 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) Oyes ❑No NNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Oyes NNo k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. Dyes NNo DNA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Oyes No DNA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Dyes NNo (ii)Are there coastal wetlands on the site? Dyes NNo (Ili)If yes to either(i)or(ii)above,has a delineation been conducted? Dyes ❑No (Attach documentation,if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. Beaufort County 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? DCommercial DPublic/Government ®Private/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. Purpose is to complete bulkhead along canal shoreline and eliminate small basin not functional for any use. 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. Standard marine construction utilizing a small excavator to drive pilings and sheeting. The new bulkhead will attach to the existing and extend across the small basin openning in a straight line for 45'to the property line where it will turn perpendicular to the canal along the property line with a 10'return wall. The basin will be dewatered,then backfilled. d. List all development activities you propose. Proposed to construct a bulkhead and backfill a 192 ft2 man made basin. 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? 1,000 ft2 NSq.Ft or DAcres g. Will the proposed project encroach on any public easement,public accessway or other area Dyes DNo NNA 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. WII wastewater or stonnwater be discharged into a wetland? Dyes El No DNA If yes,will this discharged water be of the same salinity as the receiving water? Dyes ❑No DNA j. Is there any mitigation proposed? Dyes NNo DNA If yes,attach a mitigation proposal. <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form,(MP-1)the following items below,if applicable,must be submitted in order for the application package to be complete. Items(a)—(I)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. 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 Roy O'Neal Phone No. Address 300 Tooley Street,Belhaven,NC 27810 Name Brigette Brown Phone No. Address 96 Hoff Lane,Belhaven,NC 27810 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 Ad. 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 03/28/2021 Print Name _Toby Tetterton Signature Please indicate application attachments pertaining to your proposed project. NDCM MP-2 Excavation and Fill Information DDCM MP-5 Bridges and Culverts DDCM MP-3 Upland Development DDCM MP-4 Structures Information 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization) Length 16" Width 12'av Avg. Existing _3' NA NA Depth Final Project +3" NA NA Depth 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 d. High-ground excavation in cubic yards. (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 ❑W_ ❑None (ii)Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? Oyes DNo DNA Oyes DNo DNA (ii)If no,attach a letter granting permission from the owner. (ii)If yes,where? e. (i)Does the disposal area include any coastal wetlands/marsh f. (i)Does the disposal include any area in the water? (CW),submerged aquatic vegetation(SAV),shell bottom(SB), Dyes DNo DNA or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. (ii)If yes,how much water area is affected? DCW ❑SAV ❑SB OWL ❑None (ii)Describe the purpose of disposal in these areas: 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanapement.net revised:12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4—Structures) a. Type of shoreline stabilization: b. Length: 151 ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: 1.5' c. Average distance waterward of NHW or NWL: 8' d. Maximum distance waterward of NHW or NWL: 16' e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 vinyl months? Dyes ❑No NNA (ii)If yes,state amount of erosion and source of erosion amount information. N/A g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill 192 ft2 Riprap Earthen Fill Breakwater/Sill Other i. Source of fill material. Local permitted mine 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? NYes ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(COO, If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or (ii)Amount of material to be placed in the water 21 cubic other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. yards (iii)Dimensions of fill area 16'x 12'av ❑CW ❑SAV ❑SB (iv)Purpose of fill ❑WL NNone To backfill man made basin to create uplands. (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)? Contained behind structually tight bulkhead. Fill material to be An excavator,a dewatering pump,dump truck,skid steer, slope,graded and seeded. Final elevations to match uplands buldozer and tractor. on either side of basin. c. (i) Will navigational aids be required as a result of the project? d. (i) WII wetlands be crossed in transporting equipment to project Dyes NNo DNA site? Dyes NNo DNA (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. 03/28/2021 Date Agent Toby Tetterton Ronnie Cahoon Bulkhead and Basin Backfill Applicant Name Project Name 252.808.2808:: 1-888-4RCOAST::www.nccoastalmanagement.net revised:12/26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Applicant Signature 252-808.2808 ::1-888-4RCOAST::www.nccoastalmanaaement.net revised: 12/26/06 DWR Pre-Filing Meeting Request Form NORTH trofftwi� Quality Contact Name* Toby Tetterton Contact Email Address* tobin@rsnet.org Project Owner* Ronnie W.Cahoon Project Name* Ronnie Cahoon Bulkhead and Basin Backfill Project County* Beaufort Owner Address:* street Address 6073 free Union Church Road Address Line 2 aty State/Rovirx:e/Reg. on Pinetown NC-North Carolina l bstal/Zip Chrf., Ca intry 27865 US Is this a transportation project?* r Yes (' No Type(s)of approval sought from the DWR: 17 401 Water Quality Certification- Im 401 Water Quality Certification- Regular Express IW Individual Permit f" Modification Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No Do you know the name of the staff member you would like to request a meeting with? Chris Pullinger Please give a brief project description below.* Purpose of project is to construct a bulkhead across the mouth of a small basin and backfill 190 ft°of open water.the basin is off a man made canal. Please give a couple of dates you are available for a meeting. 4/9/2021 3/12/2021 Please attach the documentation you would like to have the meeting about. Plan View Cahoon vl.pdf 584.22KB ixif Ofl By digitally signing below,I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre-Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty-day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty-day clock has expired,and you can submit an application. Signature* y rxkf N/ 7`AtteW Submittal Date 3/31/2021 INK I O'Neal Prop 112' to the west • ISM„ { Backfill Existing 190 ft2 Basin it , Existing Bulkhead 11 Proposed 45' of bulkhead Ronnie W. Cahoon Bulkhead and Basin Backfill Plan View Date: March 27, 2021 Sheet 1 0 25 50 100 Feet Ronnie Cahoon Bulkhead and Basin Backfill Bulkhead Cross Section NTS — Dimensions Shown Date: 28 March 2021 Sheet 2 10' Tieback Rods Tieback Anchor / / Final Grade \ if ,f.•{/,r :40•'cr 41 ,' Y. r't °. "tt.rk fir mvri.„......-Nr, rirg44-,- :,„..v: „Ye.' , ' ; � C Ni rt t,r'Q' • • #R�f •}. •y r '? ,S{p� ^' ''fir (fi �t1-�F .r` r ' �.V 'iS. 4 e add Fir. 'vi• 4441 f 1 -,1 y' F`'Xg 1 ,$ -?.it' .J. E c t fS�r �yS�i �•� �f� . � }�, r �y �� i�� r.rq ram.-� }it ,. 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EblL , % g was 11 ..!:kg 4 7 . / ,.),,, ,,1 _ l'11. h 111 12 f c u tll %: 4, 1111' 0 cg) ; "t l l l 5 8sRR8 &begsP / • Ill .i % 111 ip1 gggafzs §b t 1 I gill tlsi:sg 1111iii %1 iF, 1111 z 6_ iil lgO JJ JnJJ Jnn j jJ IE t-1-14 ® ` V I I i J IIill'illaal is1411 I1Ia iVIII L iLa.• OF ^' ROY COOPER u ; , o l Governor 2 4 DIONNE DELLI-GATTI ` ,z. * _=` Secretary `QQAMY0_*=' BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality May 18, 2021 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) gregq.bodnar(c ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Ronnie &Sharon Cahoon Project Location: Off Hwy 99 on Hoff Road Beaufort County Belhaven Proposed Project: Proposing to install 45 linear feet of bulkhead along NWL with exception of where it will span and existing manmade basin measuring 195ft2 will be back filled. Also proposed is 10-footreutne wall along the eastern property line. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by June 8, 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 V— D E Q1 North Carolina Department of Environmental Quality I Divisio of Coastal Management /' Washington Office 1943 Washington Square Mall I Washingtonn ,North Carolina 27889 1252.946.6481 �) Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 1910.796.7215 NORTH CAROLINA Morehead City Office 1400 Commerce Avenue I Morehead City,North Carolina 28557 1252.808.2808 Department of Environmental quality Elizabeth City Office 1401 South Griffin Street,Suite 300 I Elizabeth City,North Carolina 27909 1252.264.3901