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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 Dili ejnK[ NA .r"" Elizabeth City Office 1401$outh Griffin'Street, Suite 300 I Elizabeth City, North Carolina 279b9 �r�.M�e w�nNa�rawwN �� 2Si2.264.39U1 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