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HomeMy WebLinkAbout20140444 Ver 1_CAMA Application_20140422A p M-XA 4.7A 20140444 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 15, 2014 MEMORANDUM TO FROM SUBJECT Applicant: Project Location: Proposed Project: Karen Higgins Division of Water Resources Daniel Govom Mayor Permits Processing Coordinator John E Skvarla, III Secretary U APR 2 2 2014 i k drfi . �j►� - t' d.ee�.. � �iJtltl�lY � CAMA/DREDGE & FILL Permit Application Review Paul Farms, Inc. Pamlico County, within Neals Creek connecting to the headwaters of the Bay River, off of NC Hwy 55E, In Grantsboro. Proposes to dredge a modified stream for improved drainage for agriculture practices upstream of Neals Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 5, 2014. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808 -2808 Ext 214 When appropriate, in -depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed 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 SIGNED DATE 400 Commerce Avenue, Morehead City North Carolina 28557 Phone 252 - 808 -2808 l FAX 252 - 247 -33301 Internet www nccoastalmanagement net An Equal Opportunity I Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME Paul Farms, Inc 2 LOCATION OF PROJECT SITE The project is located within Neals Creek connecting to the headwaters of the Bay River, off of NC Hwy 55E, in Grantsboro, Pamlico County Photo Index — not available State Plane Coordinates - X: 808983.292 Y: 155610.001 Longitude: -076 48 42.00 Latitude: 35 08 31.13 —I 61g \166-1 35, I -t I q81 3 INVESTIGATION TYPE CAMA/D &F 4 INVESTIGATIVE PROCEDURE Date of Site Visit — several, from 1/8/10 to 3/20/14 Was Applicant or Agent Present — Yes Photos Taken — No 5 PROCESSING PROCEDURE Application Received — cc 4/9/14 Office — MHC 6 SITE DESCRIPTION (A) Local Land Use Plan — 2005 Pamlico County (01/28/05) Land Classification from LUP — Rural with Services (B) AEC(s) Involved PTA, PTS (C) Water Dependent Yes (D) Intended Use Private (E) Wastewater Treatment Existing — None Planned - None (F) Type of Development Existing — modified stream Planned - maintenance excavation (G) Estimated Annual Rate of Erosion N/A Source — N/A 7 HABITAT DESCRIPTION INCORP /SHADED (A) Open Water 615200 ft 11 11 (B) High Ground 108,000 ft2 (E) Total Area Disturbed 169,200 ft` (F) Primary Nursery Area No (G) Water Classification SC, Sw, NSW Open No (H) Cultural Resources Unknown 8 Pr9iect Summary: The applicant wishes to dredge a modified stream, for improved drainage for agricultural practices upstream of Neals Creek, Pamlico County. Field Investigation Report: Paul Farms, Inc. Page 2 9 Narrative Description: The project is located contiguous to Neals Creek at the headwaters of the Bay River, in Grantsboro, Pamlico County The proposed project area will be the modified stream starting north of NC Hwy 55 at New Ditch Farm Road and head southeast of the highway to the Cooper Road bridge That portion of the proposal that is north of the highway is adjacent to agricultural fields, residences, and businesses That portion of the proposal that is south of the highway is undeveloped, with some remnant spoil high ground on the north side of the feature The ditching feeding into this feature serves as drainage for Paul Farms, Inc fields This unnamed modified stream averages approximately —3' nwl deep and varies in width from 13' up to 34' across The subaqueous substrate is soft detritus without shell There is not a known cultural resource in the nearby vicinity of the project area. These waters are classified as Inland Waters by the NCWRC. There is not any submerged aquatic vegetation present This area is closed to shellfish harvest and is classified as SC, Sw, Nutrient Sensitive Waters 10. Proposed Development: The applicant wishes to improve his farms drainage by performing maintenance excavation of the stream that his farm's ditch network connects to The applicant wishes to excavate approximately 3,6001mear feet of this stream, removing a 1' layer of the substrate and any debris that is obstructing flow The proposed spoil material north of the highway will be trucked off site to an approved high ground location The proposed spoil material south of the highway will be placed on the existing relic berm on the north side of the feature 10 Anticipated Impacts: Traditional marine construction methodology will be utilized to perform the proposed excavation A long -arm excavator with a clam bucket will perform most of the work from the existing berm on the north side of the stream bank Temporary, short-lived turbidity impacts are anticipated during the excavation ,According to the applicant's drawings, the slope of the cut is undefined There is not a known cultural resource in the nearby vicinity of the project area Water depths where the maintenance excavation will take place average -3' nwl deep After the proposal is completed the depth contour will connect to -4' nwl deep These headwaters of the Bay River are classified as Inland Waters and there is not any submerged aquatic vegetation present This area is closed to shellfish harvest and is classified as SC, Sw, Nutrient Sensitive Waters There is not a defined Federal Channel near the project area Brad Connell April 14, 2014 Morehead City z� 1 s 1 4 To all concerned land owners " U -)C4 Dear Sirs and Madams, January 12, 2011 The farming interest on the western side_of the New Ditch Farm area would like to conduct a routine maintenance on the drainage system that serves this land The last cleanout was performed in the late 1960's or early 1970's to the best of our knowledge The work would begin at the intersection of the New Ditch Farm Rd and the Old Alliance Rd where the Sandhill Canal, West Canal and Railroad Ditch all join together The section between this point and NC 55 will be the most time consuming as the canal borders homes and business The spoil will have to be hauled off from these sites and disposed of After crossing NC 55 the work will be almost entirely done in woodlands with no homes or business affected. The only exception occurs on the far eastern end near the Dudley Paul home place. After consulting with the NC Dept of Water Quality, US Army Corps of Engineers, and the Costal Area Management Act, it was determined that this project requires a permit The permit is issued by the State of North Carolina under the Coastal Area Management Act or CAMA One of the first steps in the permitting process is to contact all the land owners that have property adjacent to this canal. This eertified letter is to inform you of our intent to perform this maintenance and give you a 30 day period to voice any concerns you may have The project will not expand the area occupied by the canal No trees will be removed or damaged as the work must remain on the original area of the canal bank that has been mowed since the last work was done. Some of these areas have not had any attention since the NC 55 project started as we have not been able access them, Recently the NC DOT opened several gaps in the guard rails to allow the farmers to access the banks and maintain them. Under this permit the farmers wivll have to manage the spoil, runoff, and sediment under the guidelines set forth by CAMA. There should be no negative impact to the adjacent land Benefits will be better drainage. Enclosed you will find a certified mail return receipt. If you have no objections to the project check that space, sign and date the receipt and return it in the enclosed envelope. Please feel free to contact Mike Spencer or myself, Clifton Paul if you have any concerns or questions Mike can be reached by phone at 252- 635 -0755 and my number is 252- 670 -2987 Thank you for your attention to this matter. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RKSOURCEs BRAD CONNELL F MW IELD RePREBENTATIVE DIVISION OF COASTAL MANAGEMENT 400 Commerce Avenue, Morehead City, NC 28557 Phone 252 - 808 -2808 FAX 252 - 247 -3330 brad conned @ncmall net www nccoastaimanagement net acm MP -1 North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name pa'kkt Inc.- Project Name (if applica le) Cle Agent/ Contractor 1 First Name Cq wI Applicant 1 First Name MI Last Name MI Last Name Applicant 2 First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed Mailing Address 2 2l Paq ep( PO Box City 6:�Vn6- orb State ZIP Gp ASa q Country [ a Phone No /' IiS '9��� ext FAX FAX No yy ZfZ' /�� ssls/ Street Address (if different from above) CityState ZIP State � �G Email CWC-k qt( ems• bay- rne.:( • cop--% J 2. Agent/Contractor Information Business Name ✓t r g v a, �/a a Agent/ Contractor 1 First Name Cq wI MI Last Name 13- - -- - -- - -- - Agentf Contractor 2 First Name MI Last Name Mailing Address 2-72. k,Wr's.`d -2 4faT%-/0V0 4"�l R-� rBox City �8�%iQVevc State A/C ZIP Phone No 1 zs2,- ?'i3 --2 t26t rPho n e No 2 sz -��3 46 3 xt FAX No Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> Form `_)Uvi MR-11 ( Page 2 or -t) APPLICATION ,or Major Development P�rmic 3. Project Location County (can be multiple) Street Address State Rd # Par-% I.co Cowv+ y QrecL Ne Subdivision Name City State Zip Phone No Lot No (s) (if many, attach additional page with list) - - ext a In which NC river basin is the project located b Name of body of water nearest to proposed project day �v`vei� A"(s Cr��lc c Is the water body identified in (b) above, natural or manmad ) 'd Name the closest major water body to the proposed project site 2 atural ❑Manmade ❑Unknown 134p 'e."eg- e Is proposed work within city limits or planning jurisdiction? f if applicable, list the planning jurisdiction or city limit the proposed ®Yes []No i-d al 1y d� �'L��RrACe WC work falls within ar Identify and describe the existing land uses adjacent to the proposed project site 4. Site Description a Total length of shoreline on the tract (ft) b Size of entire tract (sq ft ) F-t- - N A c Size of individual lot(s) d Approximate elevation of tract above NHW (normal high water) or �/A NWL (normal water level) (If many lot sizes please attach additional page with a list) ❑NHW or ❑NWL e Vegetation on tract fik% 4 Pere AV1 ,( f . Ilk f Man -made features and uses now on tract g Identify and describe the existing land uses adjacent to the proposed project site 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 RINA ti I is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes WNo k Has a professional archaeological assessment been done for the tract? If yes, attach a copy []Yes []No 4NA If yes by whom? I is the proposed project located in a National Registered Historic District or does it involve a ❑Yes UONo ❑NA National Register listed or eligible property? <Form continues on next page> 4 -1111, 1Ir -Jlj_ , .I ", APOL) .A CN !_r blajor Development Permit 3 Project Location County (can be multiple) cenit-a( Pqm 1K CoK Street Address a � Sfq +c did - 1200 I d 1.2 0� I State Rd # eocstr S5 I O -A Y b Size of entire tract (sq ft ) AC4r ,vc Subdivision Name City State A/ Zip 2C-s0� Phone No Lot No (s) (if many attach additional page with list) ext a In ` -, NC river basin is the project located? Alepux 41/ca b Name of body of water nearest to proposed project /VeQlJr Crec(c c Is- water body identified in (b) above natural or manmade? d Name the closest major water body to the proposed project site ,tCh'e (Natural ❑Manmade ❑Unknown 9Ai A,vtt1q, e Is proposed work within city limits or planning jurisdiction? f If applicable, list the planning jurisdiction or city limit the proposed falls lvyes ❑No �ofr�1R(l� �� i�lli�►� -�, /VG work within Part 71 _fy g Identify and describe the existing land uses adjacent to the 4 Sfte Description a Total length of shoreline on the tract (ft) b Size of entire tract (sq ft ) it pprox eoo o � NI14 c Sze of individual lot(s) d Approximate elevation of tract above NHW (normal high water) or &M NWL (normal water level) •• (If many lot sizes please attach additional page with a list) ❑NHW or ❑NWL e Vegetation on tract 14rnnwal �r�c tS�S� �rces� s� r cc hs- Pere�h;a� f Man -made features and uses now on tract Road wv( cf -dSr,- a -r x,s�'I br 5 e , Sio�;l a d. d bridres a-4 4'lerh_ g Identify and describe the existing land uses adjacent to the proposed project site 5 ,pr -,vale homes 2 bwr,werlrti- air „✓kLfkr -j tg4d fare;,tr•p PubUc ro`JLat f h How does local government zone the tract? i Is the proposed project consistent with the applicable zoning A /Ik (Attach zoning compliance certificate if applicable) ❑Yes ❑No 91NA I Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k Has a professional archaeological assessment been done for the tract? If yes, attach a copy ❑Yes ❑No XNA If yes by whom? I Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No DNA National Register listed or eligible property? <Form continues on next page> ', ftmn&D MAR 2 9 2014 nr- k,- J(�C J ',1 +, m ti) Are ,here wetlands on the site? (it) Are there coastal wetlands on the site? (iii) if yes to either (i) or (it) above, has a delineation been conducted? (Attach documentation if available) n Describe existing wastewater treatment facilities NA o Describe existing drinking water supply source /v A p Describe existing storm water management or treatment systems 41A ,kPPL 1C.A F! Gl14 ,i -, Major Development Permit Yes ❑No []Yes (RNo ❑Yes ®No 5 Activities and Impacts a Will the project be for commercial, public or private use? &)Commerciat ` ,ubitc /Government LRrd ryref'f Mr,vdfc- A q / ❑Private /Community b Give a brief descnpton of purpose use and daily operations of the protect when complete rhe; ',Oq,,,pore d F f�•S Pr�J eat i S �O n�Rin 4-ii:n Qn op7e, it^ v66'fruci-,ed 'u,,44er" way 4o dr4%" 9S�riGUlt4�( Tl�e t,r+.el rei oval OT 5urt4cs orst4•��z� w2l�C✓ greriily .,",Orovel- c- ,40P Pei'Par �ncP,, 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 �-� N �Q 5 S o J( bqr. k 5 read ONd over sees( r,, ove- [.00re- fo CX Q `r%ZAG)e- Hoe- 13,4 11 CA Oz e r- SfOf -CW 0 1 5I.14e pwd..p'i'aAkx,�s d List all development activities you propose /via ih tt n G nGe e Are the proposed activities maintenance of an existing project new work or both? M A , "1 ILF- Y1 'q it � f What is the approximate total disturbed land area resulting from the proposed project? ❑Sq Ft or FRrcres 5.5 SPO ( 4o,K g Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NTNo ❑NA that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state NI A- 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 I Is there any mitigation proposed? ❑Yes KNo ❑NA If yes attach a mitigation proposal O <Form continues on back> i DC °MFID CITY Form DCNI IivIP- i iDage 4 ;f ;, APPUc'AT'C,y :r Major Development Permit 6. Additional Information In addition to this completed application form (MP -1) 'he following Items below, if applicable, must be suomitted In order for the application package to be compere 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 (inciuding plan view and cross -sect onai drawings) drawn to �cate Please give he present status of ,he 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 J_t fqe L� Oy of Phone No Address 4b V / efi4 s-i (.yaS� %�i an N G Z7�g'I 0, 7Z — 9Y6` 7436 Name 9. ley ,p �x h /] /' Phone No q Address PO BOX i(7 &/i2Kce /UG -Zs-5--of 2 sZ -' (D 75 --/t'7 L Name /Ma �. y Ile It /4-t Phone No Address 7( o`�S x 4JaO A414- NeryderA A./C- Zs_ f g A list of previous state or federal permits issued for work on the project tract Include p6rmit numbers, permittee, and issuing dates c h Signed consultant or agent authorization form, if applicable i Wetland delineation, if necessary I 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 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 to 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 2 Z 3 / 2� Print Name Signature Please indicate application attachments pertaining to your proposed project ❑DCM MP -2 Excavation and FIII Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ❑DCM MP -4 Structures Information so REMM MAR 2 8 20 +4 F_ Form DCM IMP -2 <�'a � 1'. s y rya s _ 3F �y.rz> s; "?s � � `��. ECE D � AIL 25 (Except for bridges and culverts) QTV 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 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 9 OAA Ccc hiG Kay4 C (i) Does the area to be excavated include coastal wetlands /marsh (CW) submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked provide the number of square feet affected ❑CW ❑SAV ❑SB OWL []None (u) Describe the purpose of the excavation in these areas i67– d High-ground excavation in cubic yards A / A 2 DISPOSAL OF EXCAVATED MATERIAL El This section not applicable a Location of disposal area 'a b Dimensions of disposal area _ — � 1�,►, �e S ®a. � r�l, �ao� - .70�IaJr�+e j�, y � 0 ®A��' '�,pero,aj - , c (i) Do you claim title to disposal area? F d (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA R'Yes ❑No ❑NA (u) 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 (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 (u) Describe the purpose of disposal in these areas r f (i) Does the disposal include any area in the water? ❑Yes ®No RNA (ii) If yes, how much water area is affected? 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 4 4:4- 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 9 OAA Ccc hiG Kay4 C (i) Does the area to be excavated include coastal wetlands /marsh (CW) submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked provide the number of square feet affected ❑CW ❑SAV ❑SB OWL []None (u) Describe the purpose of the excavation in these areas i67– d High-ground excavation in cubic yards A / A 2 DISPOSAL OF EXCAVATED MATERIAL El This section not applicable a Location of disposal area 'a b Dimensions of disposal area _ — � 1�,►, �e S ®a. � r�l, �ao� - .70�IaJr�+e j�, y � 0 ®A��' '�,pero,aj - , c (i) Do you claim title to disposal area? F d (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA R'Yes ❑No ❑NA (u) 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 (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 (u) Describe the purpose of disposal in these areas r f (i) Does the disposal include any area in the water? ❑Yes ®No RNA (ii) If yes, how much water area is affected? 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP -4 — Structures) a Type of shoreline stabilization b Length ❑Bulkhead ❑Riprap ❑Breakwater /Sill ❑Other Width C Average distance waterward of NHW or NWL d Maximum distance waterward of NHW or NWL e Type of stabilization material f (I) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (n) If yes, state amount of erosion and source of erosion amount information g Number of square feet of fill to be placed below water level h Type of fill material Bulkhead backflll Rlprap Breakwater /Sill Other I Source of fill material 4. OTHER FILL ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) a (i) Will fill material be brouaht to the site? ❑Yes ❑No ❑NA b (i) Will fill material be placed in coastal wetlands /marsh (CW), If yes (it) Amount of material to be placed in the water (m) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (Sts), or other wetlands (WL)? If any boxes are checked" provide the number of square feet affected ❑CW ❑SAV ❑SB ❑WL ❑None (it) 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)? oversee t,�; ►er�woRm�( ���5 t- r4ckeJ byarahc eVc -ekhr- 6 *6!doter~ c (i) Will navigational aids be required as a result of the project? d (i) Will wetlands be crossed in transporting equipment to project ❑Yes ❑No ®NA site? ❑Yes ®No ❑NA " (it) If yes, explain what type and how they will be implemented (n) If yes, explain steps that will be taken to avoid or minimize +' - • environmental impacts r , , , Date 2/J- 3//-Z- Project Name 59 nd 4 ;4C . ( G6eA^ &4 - Applicant Name ^ /� 7-4c Applicant Signature 302E/ 2 k,6,d, LL) ' cAk k I e- Approx 2f+ Q ; cttik @ Grauh� (eye( �p(�ro ZS�f 4er De. 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