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HomeMy WebLinkAbout20070013 Ver 1_CAMA Application_20061229~ ,~ ~ NCDENR ~° ~ ~' North Carolina Department of Environment and Natural Resources -~d~~-~, ~ "`~ s~ Division of Coastal Management °~~~c~ Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., ~'~"tary~~' December 20, 2006 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Cyndi Karoly Environmental Biological Supervisor Division of Water Quality Doug Huggett Major Permits Processing Coordinator m~ ~y CAMA/DREDGE & FILL Permit Application Review Marc & Carolyn Basnight Project Location: 381 Mother Vineyard Road (SR-1120) Roanoke Island, Dare County Proposed Project: Maintenance excavation, extend jetty and groins, beach replenishment Please indicate below your agency's position or viewpoint on the proposed project and return this form by 43/10/07 to 40~Q Comtneraz .Avenue, Morehe~-d Cry, IBC S?. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 2b4-3901. When appropriate, in-depth comments with supporting data are 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 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT ~. 1. APPLICANT'S NAME: Marc & Carolyn Basnight 2. LOCATION OF PROJECT SITE: 381 Mother Vineyard Road (SR-1120) Roanoke Island, Dare County and on Shallowbag Bay Photo Index - 2006: 183-7191 (K, L-4) 2000: 183-2138 (L-N - 21) 1995:183-1898 (L-N - 6) 1989: 151-3 (M,N -10) 1984: 140-501 (K,L -14) State Plane Coordinates - X: 298940 Y: 806000 Manteo, NC Quad, Lower Right 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/11/06 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 12/11/06 Office -Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Dare County Land Classification From LUP -Conservation (B) AEC(s) Involved: PTA, EW and ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing -Municipal sewer Planned - N/A (F) Type of Structures: Existing -Single-family dwelling, rock jetty, riprap groins, canal-boat dock. Planned -Maintenance excavation-extend jetty and groins- beach replenishment. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 0 0 (B) Non-Vegetated Wetlands 280 sf PTA, EW 4,000 sf 180 sf (C) ES 5,100 sf 2,700 sf (D) Total Area Disturbed: 12,260 (0.28 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No Field Investigation Report: Marc & Carolyn Basnight Page 2 8. PROJECT SUMMARY: The applicant proposes to excavate a shoal area within an existing canal, replenish an existing estuarine beach, extend an existing jetty and extend 6 existing groins. Project Setting The site of the proposed development is located at 381 Mother Vineyard Road (SR 1120), Roanoke Island, Dare County and on Shallowbag Bay and adjacent to a man- made canal and boat basin. The property is located at the end of the road and is part of the peninsula that is known as Baum's Point on the Roanoke Sound and Shallowbag Bay. The property is flat, has sandy soils, and has an average elevation of approximately 4 feet above normal water level (NWL). The property is vegetated with yard grasses, pines, and lawn shrubbery. The property is approximately 2.67 acres in area, of which approximately .3 of an acre is a salt marsh vegetated with Juncus roemerianus. The salt marsh area is located on the eastern side of the property and is not involved with this project. The shoreline of the property located on Shallowbag Bay has a sand strand beach. The beach experiences sand erosion during storm events coming from the south. Man-made features on the property consist of asingle-family dwelling with a paved driveway, a rock jetty protecting the canal system entrance, riprap along a portion of the shoreline of the canal, a shoreline dock in the adjacent boat basin, an outbuilding and six groins along the sand strand beach area of the property on Shallowbag Bay. Adjacent riparian property consists of a single- family dwelling and lot on the canal and Shallowbag Bay. The canal system is ±70 feet wide with water depths of -5 to -6 feet deep. The connecting water depth in Shallowbag Bay is -4.5 feet. The mouth of the canal has shoaled to water depths of less than -2 feet. No submerged aquatic vegetation was observed at the shoals. The waters of Shallowbag Bay are classified as SC and are closed to shellfish taking. Development Proposal In order to restore a controlling water depth of -4.5 feet in the canal, the applicant proposes to remove the existing shoal by excavating an area 25 feet wide and 160 feet long to a final project depth of -4.5 feet below NWL. The project will remove approximately 200 cubic yards of sandy shoal material. The applicant proposes to excavate from the shoreline as much as possible and deposit the spoil material adjacent to the work site in his yard. A barge for the excavator to work off of may be required. After the spoil material has dried, the applicant proposes to use the material to replenish the beach area along Shallowbag Bay. The proposal is for an up to 15 foot-wide area of fill along approximately 340 feet of shoreline. No fill material is proposed to be placed below NWL. Field Investigation Report: Marc & Carolyn Basnight Page 3 In order to provide protection from shoaling of the existing canal entrance, the applicants propose to extend the existing jetty 20 feet into Shallowbag Bay. The proposed base of the extension will be 14 feet wide, which is consistent with the existing structure. The water depth in this area is approximately -2 feet and the proposed jetty will have an elevation of approximately 5 feet above NWL to prevent overwash. In order to protect the shoreline along Shallowbag Bay, the applicant proposes to extend the 6 existing groins to a length of 30 feet waterward of NWL. The proposed extension will have a 6- foot wide base and an elevation of 1 foot above NWL. Anticipated Impacts The proposed removal of the existing shoal will result in the excavation of 4,000 square feet (sf) of Public Trust Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern (AECs) and the removal of 200 cubic yards below NWL of sandy bottom material. The temporary spoil site will result in the temporary filling of 2,700 sf of Estuarine Shoreline (ES) AEC yard area. The proposed beach replenishment will result in the filling of up to 5,100 sf of ES with sand 6 to 8 inches deep. The proposed jetty extension for the canal entrance will result in the filling of 280 sf of PTA, EW AECs with rock and the proposed groin extension will result in the filling of 180 sf of PTA, EW with rock. Temporary water turbidity will occur during construction. The project will restore traditional navigational water depths for the users of the canal. Submitted by: Frank A. Jennings, III Date: 12/16/2006 MAJOR PERMIT FEE MATRIX Applicant: Marc & Carolyn Basni~ht Selection Development Type Fee DCM % DWQ (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below a lies: __ __ III(A). ForPrivate~nQn= ____ _ _- -----__-_-__- ---~_-____.-- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3301 (see attached can be a lied: III(B). For public or commercial development, if $400 100% ($400) 0% ($0) General Water Quality Certification No. 3301 (see attached can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en water areas: ~ is s+, o - 0 9 ``,~I r ~ 11~-~ r D' s ~ x 0 :. ~: ~ o, ~ ~ ~. W O' o'' ti' r ~• .a :. . ti' O: r r. ti 0 0 0 ti r W r 8003 ',D o ~ . rn • v n ~ 1 Q , ~ m D°O<_ N Son ~ m O ~""" ~ O N ~nZmZ QN~vZ ~ ~~o ~~ A , ~~ v~ .~ m m ~ x [ l p D '(~ , r f}1 WW N W ` i~~~~ ~ o -- December 5, 2006 Frank Jennings Division of Coastal Management 1367 U.S. 17 South Elizabeth City, NC 27909 Dear Mr. Jennings: f~~.''. y ._ C~iir, ~~ ti, ,~ Please find enclosed an application to conduct various maintenance and minor improvements at and adjacent to our property located on Shallowbag Bay, at 381 Mother Vineyard, in the Town of Manteo. The permit request involves the following activities: 1) Maintenance excavation at the mouth of an existing canal that provides recreational and commercial boating access to a number of families upstream of our property. Excavation work will be carried out by a land base and/or a barge mounted excavator. Sand excavated by this operation will be placed on adjacent high ground and allowed to dry before being used to maintain the beach. Any excess material or material which is not beach quality will be hauled off site to an approved disposal site; 2) The proposed extension of the jetty that protects the entrance of the existing canal. The proposed extension will be approx 20' in length by a base width of 14' by a height of up to 5'. The purpose of this extension is to block the movement of sand from moving into the existing navigation channel within the existing canal. The present jetty is failing to do this; 3) The proposed restoration of a portion of beach width in front of our property. There has been a beach in front of a portion of this property since we acquired it in the 1970's and this beach has been used recreationally by our family and friends since then. However, the beach width has been disappearing in the last few years and our attempts to stabilize the beach loss with groins have not been very successful. We propose to use the beach quality material obtained from the excavation of the entrance channel to restore a portion of the recreational beach that has been lost. All the material will be placed above the normal water level (nwl) in order to restore a modest 10 to 15' beach width along portions of the property that has historically had a beach of this width or larger. The sand used for this beach restoration will be the sand obtained from the maintenance excavation activities and will be compatible with the sand found on the existing beach; 4) The maintenance and slight extension of some of the existing groins along the shoreline. In my observations, the littoral movement of sand in this area is such that a slightly longer groin would be much more effective. I have had several engineers and contractors look at this situation and they agree with this observation. I would like permission to extend some to all of the rock groins to a length of 30' beyond the nwl. The width of the extension would be up to 6' and the top of the extension would be approximately 1' above the nwl. I hope the information I have submitted in adequate for processing. If you need any additional information or have any other questions, please do not hesitate to contact me. Sincerely, . r- -- rte? ,_~ ~ .. •- M ./'":. ' Marc Basnight . ' Form DCM-MP-1 ~~~~~ ..~ '_ ~CO~; . -. rh~-Fl,,u~; u. I~ATION~ _ :~ .APPL (To be completed by all applicants) b. City, town, community yr landmark I'?Gn t-~ 1. APPLICANT a. Landowner: Name I~c~rc ~- (',~~r~~vt Inc<sn~~;h-f-_ Address ~ ~) Niv~,~ r V; ne v'ctirc`~ City ,i~o,n~~-~.c State i~~' Fax Zip 2 ~ S" Day Phone ~' 19 ~- 7:3~ _ ~,~fs ~/ b. Authorized Agent: Name ~/~ Address City _ Fax State Zip .Day Phone c. Project name (if any) ~ NOTE: Pcrrnit will be issued in Hanle aflm+dowrur(sj, and/or project nano. 2. LOCATION OF PROPOSED PROJECT a. County ~c,r~=~ c. Street address or secondary ro~a/d dumber d. Is proposed work within city limits or planning jurisdiction? ~ Yes No ._.. e. Name of body of water nearest project (e.g: river, creek, sound, bay) ~h~dic~ioaG r~c~,y 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Ma~ht~r~~,n~:e, trxec~.v~:~.-!~, c3.t`~ c~e~~; t"~ ?~ l ~L:~.®1 CA ~(1 M.1 ~? C`_~'~'r?1_.. P 9 yuAiti:~ CiY`~ r v b. is the proposed activity maintenance of an existing project, new work, or both? inn c. Will the project be for public, private or commercial use? Io1'> /'c~~ d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. if more space is needed, please atxach additional pages. r~/~ t.s~ 5~,~ ~t~e.r~heat I ~ +r . Rrvia!d 03/95 Form DCM-Iv4'-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract _ :2.. ~ 7 ~,~ b. Size of individual']ot(s) ~ -'" c. Approximate. elevation of tract above MHW or d. Soil type(s) and texture(s) of tract S~rihd Jca.m . e. Vegetation on tract -. sus sh vb< ~. ~, f. M -made features now on tract ~lev;~~_ ~,'v ~ c~:iy ~ c;c K g. What is the CAMA Land Use Plan land classif/ication of the site? (Conruir ~ local l~md use p1an.J / Conservation Transitional `~ Developed Community Rural Othec h. How is the tra7c~t conYedb1y local government? i. Is the proposed project consistent with the applicable zoning? _,G Yes No (~frraclt toning rnrrrpliance urfificnte, 1JapPlimbleJ j. Has a professional archaeological assessment been done for the tract? Yes ~/' No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes /~ No Are there wetlands on the site? Yes No Coastal (marsh) ~~ C?ther If yes, has a delineation been conducted? ~~ (,!Hach docwrunlarion, iJavailablaJ m. Describe existin wastewater treatment facilities. /ac~~3 5~,,,.a~' n.• Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, ~ industrial/commercial effluent, "wash down" and re~.idential discharges.). ~r~,~ e. .._. o. Describe existing drinking water supply source. ~~.~ n r.~.?~.$ r 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims tide to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An acwrate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2' by 11" white paper. (Refer to Coaztal Resources Commission Rule 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency persoanei unfamiliar with the area to the Form DChi-h1i1'•1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Storrnwater Certification, if one is necessary • A list of the names and complete addresses of the adjacenC waterfront (riparian) landowners and signed return' receipts as proo[ that such owners have rerei'ved~ 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name __ • Li f/ /3a,~n2•- ~L" Address _ p.~. s~,>x 3c~~, Phone ~~~~ fir, Z7'~5,~ Name Address Phone. Name Address Phone • A [ist of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. G P~ - y z~ g'7 • A check made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of pubIie land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. .. ~ = 2UJr iF~ d d~t,., •, 5.1:., :9,w 6. CERTIFICATION. AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response ta. this application wilt allow only the development described .in the application. The project will be subject to conditions and restrictions contained +~.the permit. I certify that to the best of my knowledge, the proposed activity-Complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the ~ day of e '. , 19~. Print Name ~ ~~c~S~~In-(- 1 " Signature ~'' ._,,:.=:~~-'~-~'`'~ _ " ,... `"landowner or A+utwri;ed Agenr Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development ____ DCM MP-4 Structures Information DCM MP-S Bridges and Culverts DCM MP-b Marina Development NOTE: Please sign and dare each attachment in the space provided at the bottom of each forns. Form DCM-NYP-Z EXCAVATION AND FILL Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I, ~Be sure to complete all '_ other sections bf the Joint Application that relate to this , proposed project. . Describe below the purpose of proposed excavation or fill activities. All values 'to be given in feet. Average Final Existing Project Length W[dth Depth DeAtb Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoroline stabilization) 1 `~aY 2s/ _~ --y 5 n ~'~~ ~ . ~ '~' `~'~ d ~~ ,.. . ... . ~, ~; . .;;,;s. >;~~~. h:SGt~+:i ~ Y:jw :y\•~: ry.:::y~.:~ ' ry ,_ i' ~ ~~, l `~ i ! * 1: EXCAVATION ~ ~ ' a.Amount of material to be excavated from below MHW.. or ~NWL. in cubic yards 200 b. Type of material to be excavated ~ S~r~ cl c. Does the area to be excavated include coastal wetlands (mazsh), submerged aquatic vegetation (5AVs) or other wetlands? ~ ~ Yes / No d. Highground excavation in cubic yards ~ 2. DLSPOSAL OF EXCAVATED MATERIAL a. Location of dis osal azea u h ~ ~ h b. Dimensions of disposal area It~O ~,~, 4lD " c~n~l c; beach c~d`ec. ~~~'O `° X )C~-I-~ i `; c. Do you claim title to disposal area? /^ Yes No If na, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? / Yes No If yes, where? ~~~y,~yr~„ Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes '/~ No f. Does the disposal include any area in.the water? Yes / No If es, y ~(J (1) Amount of mat ~ to be placed in thc~ water (2) Dimensions of fill area b. Will fill material be placed in coastal wetlands . '(marsh), SAVs or other wetlands? Yes ~ No If yes, (1) Dimensions of fill area 3. SHORELINE STABILIZATION a: ~ Type of shoreline stabilization ,v! j~... Bulkhead Riprap b. Length ~ ~ c. Average distance waterward of MHW or NWL N l t~ d. Maximum distance waterward of MHW or NWL N ~ e. Shoreline erosion during preceding 12 months N f/'`I" (Source of informarionJ ' f. Type of bulkhead or riprap material _.~,~_ g. Amount of fill in cubic yards to be placed below water-level (1) Riprap N~~-- (2) Bulkhead backfill h. Type of fill material w /~' i. Source of ,fill material ~~' 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes ~ No (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept.on site and erosion controlled? Sc,,nc1 t~ ~ ~ ~ h ~= c> vw ~1 -tz~ ~ U ~ ~ i .s f- op~ t{'1 z 1? ~ :ln b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Yxc:-v~-~n- ~at~a~: ~t'c~1-~" encl Icc~i~ c. (3) Purpose of fill Will wetlands be crossed in transporting equipment to project site? Yes / No If yes, explain steps that will be taken to lessen environmental impacts. 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