20081760 Ver 1_CAMA Application_20081201

08-1760
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
November 25, 2008
MEMORANDUM:
.? DEC 1 2008
TO: Cyndi Karoly, Supervisor UEtjR vyATERQUALIT`(
401 Oversight & Express Permits Unit tt,,i_,+WDSAWd TORMWATERB10C"
Division of Water Quality-Surface Water Protection
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Major Permit Application Review
Applicant: Christopher Lutterloah, Sr.
Project Location: 100 Circle Drive and 648 Hughes Road, within Battery Lane Canal, off the
AIWW, in Hampstead, Pender County
Proposed Project: extend the excavated channel length
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by December 19, 2008. If you have any questions regarding the proposed project,
contact Heather Coats at [phone], 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
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Christopher Lutterloah, Sr.
2. LOCATION OF PROJECT SITE: The project site is located at 100 Circle Drive and 648 Hughes Road,
within Battery Lane Canal off the AIWW, in Hampstead, Pender County.
Photo Index- 2006: 22-7434: J, 16 2000: 26-336: A, 14 1995: 22-266: I, 7
State Plane Coordinates - X: 2389864 Y:218829
Lat: 34°20'39.41861" N Long: 77°42'30.52556" W
3. INVESTIGATION TYPE: CAMA/Dredge & Fill ROVER FILE #: Q102110A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/30/08,10/21/08,11/12/08
Was Applicant Present - Yes (on 9/30/08)
5. PROCESSING PROCEDURE: Application Received - Complete on 11/13/08
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender County
Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - N/A
(F) Type of Structures: Existing -Single-family residence and bulkhead
Planned - New excavation
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7. HABITAT DESCRIPTION: [AREA]
nRFDGFD FTT.T.FD C)TTTFR
(A) Vegetated Wetlands
200 ft.2
(presently
altered)
(B) Non-Vegetated Wetlands - (above NHW) 1,675 ft.'
(C) Other- High ground (Spoil Disposal) 7,000 ft Z
(D) Total Area Disturbed: 8,875 ft.2 (0.20 acres)
(E) Primary Nursery Area: No .
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is proposing to extend the excavated channel length
within Battery Lane Canal.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
Lutterloah CAN A/Dredge & Fill Permit
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 100 Circle Drive and 648 Hughes Road, adjacent to Battery Lane Canal, off
Mill Creek and the AIWW, in Hampstead, Pender County. To get to the site from Wilmington take US
Hwy 17 N to Hughes Road (SR 1618). Turn right onto Hughes Road and travel approximately 2 miles to
Circle Drive. Turn right onto Kings Landing Road and follow it approximately 2 miles. The property is
located at the southeast corner of Hughes Road and Circle Drive on the left.
The project area is located at the distal end of Battery Lane Canal, which appears to be at least partially
man-made and predates DCM's aerial photography. The canal in the proposed project area is
approximately 54' in width from bulkhead to bulkhead. A section of coastal wetlands, consisting of Salt
Marsh Cordgrass (Spartina alterniora), Spikegrass (Distichlis spicata) and Glasswort (Salicornia sp.),
is growing waterward of the bulkhead at the property boundary between Mr. Eubanks and Mr. Knierim
(see Sheet 3 of 4). The coastal wetlands in the area measures approximately 14' in width, as measured
from Mr. Knierim's bulkhead towards the channel. Additionally, an area measuring approximately 10' in
length by 20' in width, -located in the center of the intertidal area of the canal, shows evidence of
Spartina alterniflora (Salt Marsh Cordgrass) stems and rhizomes, although they appear to have been cut
down to substrate level.
State Permit 175-07 was issued to Community Creek Front POA on December 17, 2007 for the
maintenance excavation of Mill Creek and it's surrounding creeks and canals, including Battery Inlet
Canal. Excavation was authorized to a depth of -4'.at Normal Low Water (NLW). Authorized
excavation stops short of the two properties adjacent to Mr. Lutterloah.
The waters of the AIWW adjacent to the project site are classified as SA by the North Carolina Division
of Water Quality. They are designated as a Secondary Nursery Area by the North Carolina Division. of
Marine Fisheries, and they are CLOSED to the harvest of shellfish.
PROPOSED PROJECT:
The applicant is proposing to extend the excavation boundaries of Battery Lane Canal an additional 55'
in length and approximately 35' in width, using a long-reach excavator. The mouth of the extension
would measure approximately 25' in width to maintain a 10' distance from the existing coastal wetlands
located adjacent to the bulkhead. The extension would be excavated to a depth of -4' at Normal Low
Water (NLW), as is authorized for the adjacent approved excavation under State Permit #175-07.
Approximately 285 yards of material would be excavated from above normal high water (NHW) and
approximately 285 yards of material would be excavated below NHW. Excavated material would be
transported across the street via dumptruck to 648 Hughes Road. An authorization letter was signed by
Tyndall W. Smith on September 10, 2008, approving the placement of the excavated material on his
property. After dewatering, the spoil will be spread and graded on site.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer Paper
Lutterloah CAMA/Dredge & Fill Permit
Page Three
10. ANTICIPATED IMPACTS
The maintenance dredging would disturb approximately 1,675 ft.z of unvegetated wetlands, to be
excavated above the current high water line, in an area subject to occasional flooding. The proposed
project would also result in the excavation of approximately 200 square feet of Spartina alterniflora
(Salt Marsh Cordgrass) within the intertidal zone. However, this vegetation appears to have been cut to
the ground and only rhizomes and cut stems are remaining, which has thereby reduced the ability of the
vegetation to perform its function as coastal wetlands. The dredging operation would likely result in a
temporary increase in turbidity. The project would also result in the disturbance of approximately 7,000
sq. ft. of high ground as the result of spoil disposal.
Submitted by: Heather Coats Date: November 24, 2008 Office: Wilmington
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
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1. Primary Applicant/ Landowner Information
Business'Name Project"Name (T applicable)

Applicant 1: Fi t Name MI Last Name

Applicant 2: Fir Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box
City State
eD C ; C? E ??-" ; 1? CI
ZIP Country Phone N
o
. FAX No.
?t
rJ ? / L
?
-
G? -lJ? ext. - -
Street Address (rf different from above) City State ZIP
Email

• •'?••?vv?a.IYViV/ Ti fl VllT lfi4T V!!
Business Name
-1-
?
/
Ay l N
N
Agent/ Contractor 1: First Name MI st Name
T ?Apt o rJ
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City - State
2U 7 S lyw / Sl?egd S ?e?ry JJ
ZIP Phone No. 1 Phone No. 2
910 -327 - 2Y33 ext. - - ext.
FAX No. Contractor # N A
Street Address (if different from above) City State ZIP
Email
<Form continues on back>
RECEIVED
nrn? n/ll N, NC
O C T 17 2008
MrrL1%11A 1IVIV ful
Major Development Permit
.s. rrojecr L-ocation
County (can bett multiple)
Pe
J Street Address
12

• -'? State Rd. #
,
d e.r G e
Subdivision Name City State Zip
G 1.rC Y J lr,? ?r G f
Phone No.
t Lot No-(s) (if many, attach additional page with fist)
ex
.
a. In which NC river basin is the project located?
G
B
F
' b. Name of body of water nearest to proposed project
A e
eAr
Qr
AS im 6,4&? 4- ,l ANe 61q NA
f
c. Is the water body identi ied in (b) above, natural or manmade?
[I Natural Manmade ?Unknown d. Name the closest major water body to the proposed project site.
p
IAN ?G LfY GQ AA1 y1VA AjU1W
e. Is proposed work within city limits or planning jurisdiction?
?Yes * f. If applicable, list the planning jurisdiction or city limit the proposed
0 work falls within.
4. Site Description
a. Total length of shoreline on the tract (ft.)
„1
c. Size of individual lot(s)
. tl 1-t c, rye s
(If many lot sizes, please attach additional page with a list)
e. Vegetation on tract
b. Size of entire tract (sq.ft.)
IV 2 10 00
d. Approximate levation of tract above NHW (normal high water) or
NWL (normal water level)
'"6?•?0, L?1NHWor?NWL
LA to y rAss
f. Man-made features and uses now on tract
g. Identify and describe the existing land uses ad'acent to the proposed project site.
rC_?J8?"i y1"A)tSllu7le "c,A"i)y bo,u&ei/ AP11r6d'MA+t1/IyAcre 1OP5
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
A? ,QIYes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes J$No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. OYes No ?NA
If yes, by whom?
1. Is the.proposed project located in a National Registered Historic District or does it involve a
National Register listed or eligible property? ?Y? No ?NA
<Forrn continues on next page>
RECEIVED
OCM WILMINGTON, NC
0 C T 17 2008
-1. krayc o w -rJ
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? Ayes DNo
(ii) Are there coastal wetlands on the site? Yes []No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes gNo
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
.SCPf + (,
?/a ,{,1

U r V't rJ l 1 Y '??L V AGA d' I oy
Ci
I S U
0 1jd
``
AA Ur- seP??6 Sy ifc ; ?tif-rAj(?cJ•
o. Describe existing drinking water supply source.

P. Descri existing storm water management or treatment systems.
NA
5. Activities and Impacts
iurJa1, ?hJirJl r3sR nmrz?t.
?.. NOVII,+t rt?r^JR f.K.I2 far crmmRrJa1.,^p&Jira,^,r, ^,ri?s?fa IfZR2. n`rnvate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete. by St AMC 'to At.ce.55 prbfitty At AN 7k APaJ jew -r,ede- by 6/lt.
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.
iVAJ4 tG4(,? 6)(CAVAy IOV I Jv,,p -trvck . Probe,--"Shoal)
be c?o,?Plete? ?,? f ?Ay . UJV"P^e,1t W' J 162 kqf AI0N9 tkt roAJsIdt (Hujhts
d. List all development activities you propose.
,EGAV,qfc, GoA f 844 1 AJ
e. Are the proposed activities maintenance d an existing project, new work, or both?
f. What is the approximate total disturbed land area suiting from the proposed project? Sq. Ft or []Acres
8o41-8A5i), - II:L5 fi Spa; f's700 0 Z 8q), 5 t0TAI
g. Will the proposed project encroach on any public easement, public accessway or other area []Yes o ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
N/A
L 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
j. Is there any mitigation proposed? []Yes o ?NA
If yes, attach a mitigation proposal.
<Form continues on back> RECEIVED
DCM WILMINGTON, NC
OCT 1 7 2008
Major Development Permit
6• Additional information
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) - (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below-
-a P a. A project narrative.
h. Qn.arr.?u.3tP,?L3fP.ribuuk.r?Jaf.rjnrJi?riinr3r?lan.+tiP.vr.andrrnss-sPrJinnal.dravtio ?
proposed project. Is any portion already complete? If previously authorized
PIP
between work completed and proposed. work clearly indicate on maps plats drawings t distinguish
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 ?a?N ?cio?'Ks
Address Phone No.
?iZ, 6 f0,,d,n-')Agro) Soo-,A)d i ?/a --361 /og
14ame j? /lkc'
?'nonel4o,
Address b rJ 5
Name fkla,.. ktvKff?. SOS c? le,
Dr. NA rcAQ1 1Jc- 2gy43 PhoneNo.1110.
.B$ e,:,,++oJ. Ra. 270-q058
AddressR6#cooPec Rock Pp;-t}Jc ZsyS7 9jo-.675-olSs
9- A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
. FA
#. -03 S,
00
Y-a47-0
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projegts 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 invofves expene
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permissions to Enter orr Land
I understand that any permit issued in response to this application will allow only the development described in the application, 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 rovided in this application is truthful to the best of my knowledge.
Date
Print Name
Signatu
Please indicate application attachments pertaining to your proposed project.
,(DCM MP-2 Excavation and Fill' Information
?DCM MP -3 Upland Development ?DCM MP-5 Bridges and Culverts
?DCM MP-4 Structures Information
DCM WILMINGTON, NC
OCT 17 2008
Form DwCM 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 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.
Access Other
Channel
(NLW or Canal Boat Basin Boat Ramp Rock Groin Rock
Breakwater (excluding
shoreline
NWL stabilization
Length 5
Width 3-S I
Avg. Existing
Depth ,
, f. 4-
NA
NA
Final Project
Depth uf
- 1
NA
NA
1, DCCAVATION []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.
?nva A>? 6-k s0;1
,9s 1
21,95 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
member of square feet affected.
ZICW ?SAV ?SB
?WL XNone
(ii) Describe the purpose of the excavation in these areas:
pr4Vlyt AcG(?,SS 1 0 G hAN+ue I ANN
C, ee,k
d. High-ground excavation in cubic yards.
2, WSPOSA' Lj i?7S a'E?L?t(1Trr1Ut`cT}Tj.A/t"d1Slf;* I
a. Locate n of disposal area. b. Dimensions of disposal area.
YNdAII W. SN.th -
60 k-1,ts A 14rwpfd ?L ZBV4? 70r x 1001
C. (i) Do you claim title to disposal area? d. (i) II a disposal area be available for future maintenance?
Yes XNo ?NA a, ?No ?NA
[]
(ii) If no, attach a letter granting permission from the owner. (ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlandsimarsh
(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 ?S V ?SB
?WL None
(ii) Describe the purpose of disposal in these areas: ?.
IOU, spots tPi l "w rbPE,r f y
SA^ne AS AbQV6
f. (i) Does the dis osal include any area in the water?
[]Yes J\ o ?NA
(ii) If yes, how much water area is affected?
RECEIVED
DCM WILMINGTON, NC
O C T 17 2008
-. %- L!r,% n r-r 1..,-
?• •?,??+-urc J IHL3ILJLft //Vllt
(If development is a wood groin, use MP-4 - Structures)
a Type of shoreline stabilization:
.DBLIkhead .DRionp ,DBreakwater/Sill DOxhsC _
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
d r ) n4=p GI! ! u. nr....-. --
section not applicable
b- Length:
oo ttt-
d• Maximum distance waterward of NNW or NWL:
f (0 Has there been shoreline erosion during preceding 12
months?
OYes ?No ONA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
----• •??-??+rrrltlCJ
(Excluding Shoreline Stabilization)
a. 0) Will fill material be brought to the site? OYes [
It ves.,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
NA
section not applicable
b- 0) Will fill material be placed in coastal wetlands/marsh (m),
submerged aquatic vegetation (SAV), shell bottom (s B), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
OcW OSAV OSB _
OWL ?None
(ii) Describe the purpose of the fill in these areas:
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)?
T rOILNd s of s /A ?
Goya reac eXCAVAtO,, AN ,y'"y 1'r2r.k
c. (i) Will navi ational aids be required as a result of the project? '
Oyes ANo ONA
(ii) If yes, explain what type and how they will be implemented.
Project Name
d. (1) Will wetlands b rossed in transporting equipment to project
site? OYes JNNo ONA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
RECEIVED
DCM WILMINGTON, NC
O C T 1 7 2008
PROJECT NARRATIVE (9/29/08)
Revised 11/12/08
The area for this proposed boat basin is included in the man
made channeled waterway on the Pender County tax map(see
fig.3). The area has been used by small boats over the years at high
tide, but the area has not been maintained as it should have. Over
many years, the lots eroded and filled in the top section of the
channel. The undeveloped lots adjoining the channel had steep
slopes and trees had formed a canopy over the area. Erosion from
the adjoining properties appears to be under control since the
installation of 12 feet deep vinyl bulkheads, site grading and
stabilization that was done late 2007/early 2008.
After discussing this situation with neighbors, we would like
permission to excavate the material to prevent it from continuing to
erode further down into the recently approved Mill Creek dredging
project(see fig. 4). The area to be excavated is 55'x35' with a
desired depth of 4 feet below MLW to tie in with the Mill Creek
dredging project's approved depth. The material will be excavated
using a long reach excavator and loaded into a dump truck to haul
across the street to the proposed spoil area at 648 Hughes Road. A
steel bed dump truck with a tight sealing gate will be used so no
material will be spilled during transport. The spoils will be used to
fill a 70'x100'low spot in the backyard (see fig.6). Silt fence will
be placed around the spoils to contain the material. There is also a
wooden privacy fence around the yard.
This project will help to maintain riparian property values in the
area and improve navigation + water quality of the channel. Future
use of the area will be accessing the properties by boat at low and
high tide, the addition of docks and maintaining the approved
depth.
R W i` F7
Nov 13 20
0CM WILMINGTON, NC
PA9e I of y
RECEIVED
DCM WILMINGTON, NC
OCT 1 7 2008
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RECEIVED
DCM WILMINGTON, NC
OCT 1 7 2008
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nEGEIVED
DCM WILMINGTON, NC
O C T 17 2008
? MNJ
?urre*'? ??? ?h
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I i LurreP DeP
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Proposed
De f , Propose3
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JAA L W
Pr?P?se? AreA
Lj trlo4
??°Per?'y
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7116 MASoaboro Sovij 1 Rd
f":1 P9 04 iN (I 9Lg409
RE CE IIV F.
NOV 13 2008
DCM WILMINGTON, NC