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HomeMy WebLinkAbout20130796 Ver 1_CAMA Application_20130731A4a 24150796 ��' —� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary MEMORANDUM TO: Ms. Cyndi Karoly Env. Biological Supervisor Division of Water Quality Wetlands Unit FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 30 July 2013 SUBJECT: CAMA Application Review APPLICANT: June Lee Cherry Respond to Doug Huggett Morehead City Office U JUL 3 Z 2013 etltnRAa cvA— ALITV PROJECT LOCATION: Beaufort County off SR 1151 at 33 Queen Anne Dr. in Kilby Island Subdivision on the north side of Pamlico River near Bath, North Carolina. PROPOSED PROJECT: Applicant proposes to bulkhead and backfill ±226' if canal shoreline Please indicate below your position or viewpoint on the proposed project and return this form by 19 August 2013. Please contact R. Kelly Spivey at 252- 948 -3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY Signed This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Date 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -64811 FAX: 252 - 948 -0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: June Lee Cherry 2. LOCATION OF PROJECT SITE: Beaufort County off SR 1151 at 33 Queen Anne Island Subdivision on the north side of Pamlico River near Bath, North Carolina Dr. in Kilby Photo Index -1995, 102 -1101; N -6, 0 -6 2000, 102 -1284; N -9 2006,102-8778; State Plane Coordinates - X: 2,661,000 Y: 620,00 K -16 Bath Quadrangle - Lower Right Corner 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9 July 2013 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 26 July 2013 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - 1997 Beaufort County Land Use Plan Land Classification From LUP - Conservation (water), Conservation II (land) (B) AEC(s) Involved: Public Trust Area and Public Trust Shoreline (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Tank Planned - N/A (F) Type of Structures: Existing - House Planned - Bulkhead (G) Estimated Annual Rate of Erosion: None (H) Source - Applicant 7 HABITAT DESCRIPTION: [AREA] DREDGED AGED FILLED O_ (A) Vegetate (404) (B) Non - Vegetated Wetlands ± 1,760ft2 Canal Bottom (C) Other (Uplands) Slope /Grade /Seed (D) Total Area Disturbed: ±1,760ft2 (0.04 acres) (E) Primary Nursery Area: No (F) Water Classification: SC -NSW Open: No 8. PROJECT SUMMARY. The applicant proposes to bulkhead and backfill ±226' of canal shoreline. June Lee Cherry Beaufort County Project setting T.J.'s Marine Construction, LLC. on behalf of Ms. June Lee Cherry, has submitted the attached major permit application for the bulkheading and backfilling of an existing man -made canal at her property located off SR 1151 at 33 Queen Anne Drive in the Kilby Island Subdivision near the Town of Bath in Beaufort County, North Carolina. The project site totals 0.42 -acres and consists of two separate single - family residential lots. Both Lots (Lot No.61 & Lot No. 62) are owned by Ms. June Lee Cherry. This site is located on the North side at the terminal end of a 1,000 ft. long man- made canal that flows west to east into Mixon Creek. The Kilby Island Subdivision entrance road is located immediately south (approximately 12 ft.) of the man -made canal. The man -made canal depth is ±3.5 ft below Normal Water Level (NWL) along the centerline of the canal and the width measures approximately 44 ft. and it is not bulkheaded. Ms. Cherry owns approximately 140 linear feet along the northern shoreline, 35 ft. across the end and 155 ft. on the southern shoreline of the man -made canal. Ms. Cherry maintains a single - family dwelling approximately 40' North of the man -made canal that is accessed by a driveway that is ± 20' west of the terminal end of the canal. The site is vegetated with lawn grass, ornamental Shrubs and various hardwood trees. The eastern (downstream) side of the property abuts a vacant lot with a boat ramp into the man -made canal. This lot is used by both commercial fishermen and employees of Potash Corp who navigate across the Pamlico River to report to work. The entrance road to Kilby Island Subdivision borders both western and southern side of the property. Mixon Creek is both classified SC -NSW by the Environmental Management Commission and is closed to shellfishing. Mixon Creek is designated as Inland Waters by the NC Wildlife Resources Commission. There is no submerged aquatic vegetation (SAV) present in the project area. Project description The applicant proposes to fill ±1,760 ft2 of the man -made canal to the adjacent elevation at the terminal end to maintain the integrity of the entrance road for Kilby Island Subdivision. The fill will be retained by a 44 ft. long bulkhead across the canal. In addition, the applicant proposes to bulkhead 91ft. of shoreline on both the north and south side of the canal at the NWL. Anticipated impacts The installation of the bulkhead and associated backfilling will result in the filling of ±1,760 ft of Canal bottom. Approximately 130 cubic yards of backfill material will be placed below the existing NWL. The project will result in localized short-term turbidity from the installation of the bulkhead. Kelly Spivey 30 July 2013 1, `' " v G1 f 4i ll ` % 14 � r l k9 J'i C,r!"4y K lrt �7 . �i 8�y::.�7��j -r G11+'c v-t 1(� �rVl F 1.� vv • �1 iS G Vv.) F7 . I q- CA ­3) tit 4- J —a •Dy � Z L� A eL )c -- 41, 4. d cA c'vvl•vj 1, s & - of cQf�`�`v` -� ` % 14 � -` 4. d cA c'vvl•vj 1, s & - of cQf�`�`v` -� rage 1 of 1 Site: 1 LOT #62 KILBY ISLAND rr ID 48 (11 r 48 0� y INDEXED O N 8232 Td 6662 C �i Z Site: 1 LOT #61 KILBY ISLAND 48 INDEXED ON 6662 5� 1 '\ \ PIN 107008232 GPINLONG 6662 -00 -0254 NAME: ADDR2 erty Details: GPIN NAME1 ADDR1 CITY 6662 -00 -0254 CHERRY JUNE LEE 33 QUEEN ANNE DR BATH AWL Dem MP-1 AFRICATION rro ,dolor Developme nt Permit f .o- (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMET . 7 P N f mary gPplioantl Landowner Information Business Name Project Name (if applicable) APPI,cant 1 First Name MI Last Name Applicant 2 First Name e iN MI Last Name if adddional applicants, please attach an additional page(s) with names listed Mailing Address PO Box City ZIP e e e. !' ►Ve- Cou try O /� Phone No S �] Street Address (d different from abo . r 915 _ ✓ 2 J ext rn f/ �� City State Email State /1J c— FAX No ZIP <Forrn continues on back> MK Ilmd 282.808 -2808 :. "888-4RCOAS :. �rwvu.ncco�sg l fK3sxa �n � tstent.net 3. Project Location Cotegly (can be mtAtiple) Street Address Subdivision Name City A Phone No ext a In which NC r r basin is the project to aced? C Is the water body identified in (b) above, natural or manmade? ❑Natural9Manrnade ❑Unknown e Is proposed work within city limits or planning jurisdiction? ❑Yes i4(No 4. metre uescription a Total length of shoreline on the tract (it ) I IVY. 97 c Size of individual lot(s) �9 •G��� a� 4,? (lf many lot sizes, please attach additional page with a list) e Vegetation on tract / QU3r, OrQSS `Q,C f Man -made features and uses now on tract yo USe� g Identify and describe the existing land uses ad acent to the F asf - ,DotWN S` ]" tm.I uAdd Wes't' - GueeN 4011e D;Vc_ h. How does local govemment zone the tract? N/fq j Is the proposed activity part of an urban waterfront redevelop. k Has a professional archaeological assessment been done to If yes, by whom? I Is the proposed project located in a National Registered Histo National Register listed or eligible property? -• -• - iv lur Major Development Permit State Rd # () °L_ State Zip Lot No (s) (if many, attach additional page wrt� h T st) b. Name of body of water nearest to proposed project A d N e the closest major water body to the proposed Project ece .0 f. If applicable, list the planning jurisdiction or city limit the proposed work falls within / _/14 <Form continues on next page> b Size of entire tract (sq.ft ) • �e.S P d Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) TS ❑ N � , NHW or WL Woo f "ecs, arn4mea d':F Made /I'1a � �Q I roposed project ite. Y 'Velapej /07' OCCCss road to ,�,•lby ssla>nd i Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ❑Yes ❑No )LCIIA rent proposal? ❑Yes BNo the tract? If yes, attach a copy ❑Yes ,KNo ❑NA is District or does it involve a ❑Yes Wo ❑NA <Form continues on next page> m (1) Are there wetlands on the site, (11) Are there coastal wetlands on the site 'I (iii) If yes to either (1) or (ii) above, has a delineation been conducted? (Aftach documentation, if available) n Describe existing wastewater treatment facilities .L o ascribe existing dunking water sI upp source _0 u. it+ /�ta b 1 [dater p Describe existing storm water management or treatment systems SG�fgc,� �un - 04 5. Activities and Impacts a Will the project be for commercial, public, or private use? APPLICATION for Major Development Permit OYes KNo OYes ,4No OYes Aio b Give a beef description of purpose, use, and daily operations of the project when Complete LJCommercial ❑public/Govemment nvate /Community S ►ale, t�Q/!') :�� Ic Descnbe the proposed constructors methodology, of equipment and where it is to be stored, types of construction egwpment to be used during construction, the number of each type Ty�0,'ce I rtQ r n e_ C' o nS1-�^u ct, o w ,') -fi ex av&" wo 7r�c, (.ifJi�PUCf�p�J S7tor�ed On S,7`� /� u ; .S/� d List all development acbvilies you propose A - made c4 iiii I e Are the proposed activities maintenance of an existing project, new work, or both? f What is the approximate total disturbed land area resulting from the proposed project? g Will the proposed ro act encroach on an '� �Q3 XSq Ft or CAcres that the public has established use of? y public easement, y public accesswa or other area ❑Yes o ❑NA h Descnbe location and type of existing and proposed discharges to waters of the state LSra c e un � i Will wastewater or stormwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving waters OYes No ,(VA 1 Is there any mitigation proposed? OYes ONO 3jA If yes, attach a mibgation proposal nv— r-1— Form continues on back> -- ••••.. viivn -, krdyC4ul4) 6. Additional idormation APPLICATION for Major Development Permit 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) - (9 are always applicable to any ma /or development application Please consult the application Instruction booklet on how to properly prepare the required Items below a A project narrative /> da6ek / eA - 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 f�44ed 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 A UA o 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 Address/,39/ S Name lfA/ J Address //7 Name Address :GPQ o►1 GA/ — /fool 46 0 UJ lie f (_ kaACL .'1)r,..11 aG Q 7d �.fSOC. "47','0 C_ 'Phone No,?S� — %3/O 7 Phone No 919- P#hQne — `f`/// g A list of previous state or federal permits issued for work on the project tract Include permit numbers, permittee, and issuing dates I _ /1_ 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 CGS 1 'I 1- I ), if necessary If the project involves expen of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act 7. Certification and Permission to Enter,on Land I understand that any permit issued in response to this application wi in ll allow only the development described 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 / — �� —a n I' Print Name Signature J Please indicate application attachments pertaining to your proposed project �pCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ❑DCM MP -4 Structures Information 252.808 -2808 .. 1- 888- 4RCC►AST :: www .nc.co,astaImare,ge.,"ent.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 Jo Application that relate to this proposed project Please include all supplemental information Descnhe below the purpose of proposed excavation and /or fill activities. All values should be given in feet. mt F Access Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Other NWI ► (excludin Length Width Avg. Existing Depth Final P Depth 7. EXCAVAT /0N a Amount of material to be excavated from below NHW or NWL in 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 OSB OWL ❑None (n) Describe the purpose of the excavation in these areas 2. DISPOSAL OF EXCAVATED MATERIAL a Location of disposal area c (i) Do you claim title to disposal area? ❑Yes DNo DNA (n) If no, attach a letter granting permission from the owner e (i) Does the disposal area include any 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 OCW OSAV DSB OWL ❑None (n) Describe the purpose of disposal in these areas Breakwater shoreline NA I NA NA I NA ^nts section not applicable b Type of material to oe excavated � d High- ground excavation in cubic yards rs section not app/rcable b Dimensions of disposal area d (1) Will a disposal area be available for future maintenance'? DYes ONo DNA (n) If yes, where? f (Q Does the disposal include any area in the water? []Yes ONo DNA (n) If yes, how much water area is affected? 2S2.8uft -2soB :: 1- 888- 4RCOASY wtarw.esccoaasta6rnanaag ► r4ent . nei revi"d: 12:28; 46 Form DCM MP-2 fExcavation and Fill, Page 2 of 2) 3. SHORE LIME' 'B; 1: � 7 -------------------- (If dave0as�nrj n, I Thissedfibi' �no t--qPP1'Cabfe * Type of shoreline stabilization M ((Bulkhead ORiprap ❑CDBreakwater/Sill 00ther Leng Width * Average distance waterward of NHW or NWL d Maxim distance waterward of NHW or NWL. 14a 49 * Type of stabilization material A f (I) Has there been shoreline erosion during preceding months? 12 ❑Yes %No ❑NA 00 If Yes, state amount of erosion and source of erosion information amount g Number of square feet of fill to be placed below water level Bulkhead backfill 00 fpRiprap h Type of fill material -7 Breakwater/Sill. — Other I Source of fill material A 4 a (1) Will fill ZL� If yes, material be brought to the site? OYes Lj,�j (ii) Amount of material to be placed in the water (III) Dimensions of fill area (IV) Purpose of fill 5. GENERAL a How will excavated or fill material be kept on site and erosion controlled? c (1) Will navigational aids be required as a result of the project? ❑Yes XNo ❑NA If yes, explain what type and how they will be implemented X PACO ]NA b (1) Will fill material be placed in coastal wetlands / marsh W), submerged aquatic vegetation (SAV), shell bottom ), or other wetlands (WL)? It any boxes are checked, provide the number of square feet affected ❑CW ❑SAV _ ❑SB OWL ❑None (II) Describe the purpose of the fill in these areas b What type of construction equipment will be used (e g dragline, backhoe, or hydraulic dredge)? I — r d (1) Will wetlands be crossed in transporting equipment to Project site? ❑Yes ZNO ❑NA (11) If yes, explain steps that wilt be taken to avoid or minimize environmental impacts 4C.1 252.80EI-2008 :. 1-8884RCOAST :: rvww.nccaastal_rn�nnge�tten #,nef revised: 92;261()6 pquest' Trip to: 123 h err [100 -219] Queen Anne Dr Bath, NC 27808 20.64 miles / 32 minutes n OOKTRAVEL`"'tn mapquest (877) 577 -5766 TrdrlR-r;, rSun 9' ;)., A O 2mi ' MOquad 5000m 0 ;y 7r ` 10 Car (02013 MapQuest - Portions ®2013 NAVUjD I Terms I Privacy 02013 MapQuest, Inc Use of directions and maps is subject to the MapQuest Terms of Use We make no guarantee of the accuracy of their content, road conditions or route usability You assume all risk of use. \,tc=.w Terms of Use h4: / /www. mapquest. com / print ?a = app .core.aaaca73bf3a7cc4d7ef847dO 7/25/2013 //isT0.l1 Y i64 13" IT C, a &t %lead 4r� aa,sit�� n/WL il.1 /Vitad x Ile.X June Lee Cherry Project: Bulkhead & rill existing man -made car Drawn By: Tobin J. Tetterton Scale: 1" =10' Date: July 18, 2013 Sheet 1 of 2 ba.4 X. .0i a� �v cry -sue 'Nate- cDr;de -Of /`e64&I's o'� n L I /r"'bJ X,5/a4W) A,ea. %er we_ ba�fcs QAJ 62, ` - p // ' Cosyrnu� a, _ 4v Ca � o_j �w �• ` ,,r cL/Z K.a, r,�.� a►� �� o`er e�� June Lee Cherry Project: Bulkhead & fill existing man -made canal Scale: 1" = 30' Drawn By: Tobin J. Tetterton Date: July 18, 2013 Sheet 2 of 2 fir ea ib= htc 6ack� ct n Snsfioll 41' of 605heaJ Lee- I bG ��g Aim -" y- Notes Trip to: [100 -219] Queen u Anne Dr Bath, NC 27808 20.64 miles / 32 minutes Washington, NC 27889 -3532 �.: 1. Start out going northeast on W 15th St toward Whispering Pines Rd 'L ?r 2.4 Mi 2.4 Mi Total 2. W 15th St becomes E 12th St _<<�;= 0.3 Mi 2.7 Mi Total case 1 3. Turn left onto John Small Ave / US-2641 NC -92. Continue to follow NC -92 E _i :a 16.6 Mi 9i NC -92 E Is just past Pamlico St 19.3 Mi Total If you are on Hudnell St and reach Pennsylvania Ave you've gone about 0.2 miles too fs Total Travel Estimate: 20.64 miles - about 32 minutes BOOK TRAVELWIth mapiquest (g77) 577 -5766 ©2013 MapQuest, Inc Use of directions and maps is subject to the MapQuest Terms of use. we make no guarantee of the accuracy of their content, road conditions or route usability You assume all risk of use _�etnr 7enns cL http: / /www.mapquest.com/print ?a= app- core.e81 a43f7b4122b98b49873dd 7/18/2013 4. Turn right onto Bayview Rd •Lg 0.7 Mi Bayview Rd is 0.5 miles past Breezy Shores Rd 20.0 Mi Total If you reach Rose Ln you've gone about 0.2 miles too far 5. Take the 1 st left onto King Blount Dr r!,-p 0.2 Mi King Blount Dr is 0 1 miles past Dewey Ln 20.2 Mi Total If you reach Wyanoke Ave you've gone a little too far ro 6 Turn right onto Clarendon Ave f 0.03 Mi 20.2 Mi Total 7 Take the 1st left onto Ormond Ave._v;r' 0.3 Mi If you reach Wyanoke Ave you've gone a little too far 20 6 Mi Total 8. Ormond Ave becomes Queen Anne Dr ' 'sue, , 0.09 Mi 20 6 Mi Total 9. [100 -2191 QUEEN ANNE DR. lk2 If you reach Midgeon Dr you've gone a little too far (5-50 [100 -219] Queen Anne Dr, Bath, NC 27808 Total Travel Estimate: 20.64 miles - about 32 minutes BOOK TRAVELWIth mapiquest (g77) 577 -5766 ©2013 MapQuest, Inc Use of directions and maps is subject to the MapQuest Terms of use. we make no guarantee of the accuracy of their content, road conditions or route usability You assume all risk of use _�etnr 7enns cL http: / /www.mapquest.com/print ?a= app- core.e81 a43f7b4122b98b49873dd 7/18/2013