HomeMy WebLinkAbout20211090 Ver 1_Other Agency Submittal_20210729Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version*
20211090
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Robert Tankard:eads\rbtankard
Select Reviewing Office:* Washington Regional Office - (252) 946-6481
Does this project require a request for payment to be sent?*
r
Yes
r
No
Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * r
For the Record Only (Courtesy Copy)
r
New Project
r
Modification/New Project with Existing ID
r
More Information Response
r
Other Agency Comments
r
Pre -Application Submittal
r
Re-Issuance\Renewal Request
r
Stream or Buffer Appeal
Is this supplemental information that needs to be sent to the Corps?*
r Yes r No
Please choose the commenting agency.*
r DCM Comments r DCM Permit
r DFM Comments r USFWS Comments
r WRC Comments r Other
Project Contact Information
Name: Maria T. Dunn
Who is subrritting the inforrration?
Email Address: maria.dunn@ncWldlife.org
Project Information
Existing ID #: Existing Version:
20211090 1
20170001(no dashes) 1
Project Name: 268 Flagship Court
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Chowan
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach docurrent
CMDF_Vonada Family Trust RiverSound 268
1.09M6
Flagship Ct_Lot 42_NCWRC^.pdf
Only pdf or Iv17 files are accepted.
Describe the attachments
or comments:
Sign and Submit
P By checking the box and signing box below, I certify that:
■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
■ I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
■ I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
■ 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
■ I intend to electronically sign and submit the online form.
Signature:
4" T hAk
Submittal Date: Is filled in autorratically.
ROY COOPER
Governer
ELIZABETH S. QISER
Secretary
BRAXTON DAVIS
Director
July 8, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDFQ - Division of Crustal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
SUBJECT: CAMAIDredge & Fill Application Review
Applicant: Vonada Family Trust
Project Location: 268 Flagship Court in Chowan County
Proposed Project: Construct a pier with a platform and tie pilings, a bulkhead with returns and
a retaining wall
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grecrrt Bodnar at the address above by July 29, 2021. If you have any questions
regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) 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 P— C:
SIGNATURE _--- , -
DATE 2 69-02 1
,,_ NaythCarolina Department&CnvionmentalQuality Ir3ivis€onofCoastaiMartagemctlt
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Elizabeth City Office 1401$outh Griffin'Street, Suite 300 I Elizabeth City, North Carolina 279b9
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North Carolina Wildlife Resources Commission
Cameron higram, Executive. Director
MEMORANDUM
TO: Gregg Bodnar
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: July 28, 2021
SUBJECT: LAMA Dredge/Fill Permit Application for Vonada Family Trust, 268 Flagship Court,
Lot 42, Chowan County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 268
Flagship Court, Lot 42 of the RiverSound Subdivision adjacent the Yeopim River off Drummonds Point.
Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S.
113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended,
and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to construct a 50' long bulkhead with a maximum distance 2.5' waterward the
shoreline with an average distance 0.2' waterward the shoreline. Fifteen -foot return walls would be
constructed on each end connecting on the west side to a 260' retaining wall positioned landward an
existing wetland. A 12P by 6' walkway elevated 3' above wetland substrate would be constructed
midway the property that leads to a 193' by 6' pier with a 20' by 20' "T-head" and two tie pilings. Water
depths in the area of the "T-head" appear to range between -5' and -5.8' NWL. The Yeopim River at this
location is classified SC by the Environmental Management Commission, is designated an anadromous
fish spawning area (AFSA) by the NCWRC and NC Division of Marine Fisheries and is within the NC
Division. of Marine Fisheries Striped Bass Management Area.
The NCWRC has reviewed and commented on the development of this area since 2006. During these
reviews, comments were submitted stating concerns for a variety of impacts including treatment of onsite
wastewater, road and infrastructure establishment, general wetland fill, shoreline stabilization, marina
lighting pollution, and overall shoreline development that contributes to the disconnect and loss of
anadromous fish spawning habitat along the shoreline. These concerns were stated due to the importance
the extensive amounts of riparian wetlands and natural shorelines have for wildlife and aquatic
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 * Fax: (919) 707-0028
Page 2
communities in the Yeopim and Middleton Creek systems. These wetlands and natural shorelines provide
valuable habitat areas for numerous species of small mammals, reptiles, amphibians, and neo-tropical
birds. Flood plain areas of these wetlands also provide spawning habitat for anadromous fish such as
blueback herring (Alosa aestivalis) and nesting habitat for a variety of duck species. The development of
individual lots would significantly impact these habitats and functions unless done so with a minimal
footprint. Permit conditions were included that took these concerns into consideration thereby limiting
shoreline development. In 2018 our agency and several other state agencies met with the developer and
discussed allowing shoreline stabilization on certain lots with bluffs that exhibited erosion. Several lots
have elevation changes from normal water level and are relatively stable with the establishment of
cypress and other vegetation along the shoreline. The majority of lots upstream the boat ramp has
extensive riparian wetlands and is not threatened by erosion. However, some lots near the marina could
benefit from shoreline protection and upland terracing or grading. Lot 42 was one such lot. Therefore, the
NCWRC does not object to the shoreline stabilization as long as the following permit conditions are
included during bulkhead/retaining wall construction and pier alignment:
— The positioning of the pier is midway the lot, bisecting the riparian wetland. Riparian wetlands
provide valuable habitat and water quality improvement opportunities. Impacts should be avoided
and minimized to the greatest extent possible. Repositioning the pier so it does not cross wetlands
would avoid wetland impacts and would not significantly alter the use of the structure.
Consideration should also be given to the alignment of the structure and the need to remove
cypress trees within the Yeopim River.
— This area of the Yeopim River and Middleton Creek are designated AFSA and are highly
regarded by the NCWRC due to their value for several anadromous species. To protect aquatic
resources, the February 15 -- .Tune 30 AFSA moratorium is requested for all in -water construction.
— To reduce the opportunity for sedimentation from grading during biologically sensitive times of
year, the AFSA moratorium would be appreciated, but is not required during upland grading.
However, appropriate sedimentation and erosion control measures should be installed and
inspected to ensure sediment does not leave the upland area and enter the water.
We would like to note, as we did during on site meetings, that lot development and placement of
structures on the lot can greatly influence how shorelines can be stabilized. This should be taken into
consideration for any future lot developments.
The NCWRC appreciates the opportunity to review and comment on this permit application. The proposal
took many recommendations, including .minimal shallow water habitat fill, from earlier meetings into
consideration. If you need further assistance or additional infonnation, please contact me at (252) 948-
3916 or at maria.dunn[ ncwildlife.org