HomeMy WebLinkAbout20180780 Ver 1_CAMA Application_20180605Coastal Management
ENVIRONMENTAL QUALITY
May 25, 2018
MEMORANDUM
TO:
201 80 7 g0
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Karen Higgins, Compliance and Permitting Unit Supervisor
DWR - Water Quality Program
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Mark & Diane Duarte
Project Location: 221 Windward Drive, Pasquotank County
oL�C�G��IL�
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JUN 0 5 2018
0 Q - WATER —RE-9UMMS
BUFFER PERMITnNG
Proposed Project: Replace a failing bulkhead that is leaning out into a man-made canal.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 06/15/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330).
If you have any questions regarding the proposed project, please contact Lynn Mathis at (252)
264-3901. 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
---'Nothing Compares --
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909
252-264-39011252-331-2951[fax]
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Mark and Diane Duarte
2. LOCATION OF PROJECT SITE: 221 Windward Drive, Glen Cove Subdivision, on a
man-made canal off Little Flatty Creek and the Pasquotank River, in Pasquotank
County.
Photo Index: 2006: 248-6998 V-7
Latitude: 36°10'29.028" N Longitude: 76004'39.47"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: April 5, 2018
Was Applicant Present: Yes
5. PROCESSING PROCEDURE: Application Received Complete: May 8, 2018
Office: Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan: Pasquotank County
LUP Land Classification: Conservation
(B) AEC(s) Involved: PTA & PTS
(C) Water Dependent: Yes
(D) Intended Use: Private Residential
(E) Wastewater Treatment: Existing: Septic System
Planned: None
(F) Type of Structures: Existing: Dwelling, outbuildings, failing bulkhead, concrete
riprap, boathouse and landward deck.
Planned: Replace failing bulkhead 2' waterward of existing
structure.
(G) Estimated Annual Rate of Erosion: 0'
7.
HARITAT nPRCRIPTION GRADED FILLED SHADING
(A) Water Bottom:
(PTA)
111.5sf
(B) Wetlands:
273sf
(C) High Ground:
1,117sf
(D) Total Area Disturbed: 1,502.5sf or .0344 acres
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Proposed development will include the replacement of a failing
bulkhead that is leaning out into a man-made canal. Replacement will result in the filling
or removal of 273 square feet of non -coastal wetlands.
Mark and Diane Duarte
Field Investigation Report
Page 2
Project Setting
The applicant's property is located off Sound neck Road (SR 1104) in Weeksville, Pasquotank
County, North Carolina, is more specifically being Lot 18 and a portion of Lot 17 in Section A,
Part 3 of Glen Cove Subdivision, or 221 Windward Drive.
The project site consists of 19,602 square feet (sf) situated along -109' of man-made canal
adjacent to Little Flatty Creek, a tributary of the Pasquotank River. Glen Cove is a waterfront
residential subdivision with an average elevation of two feet above normal water level.
Existing development on the property consists of a residence, three out buildings, a boathouse,
and a failing bulkhead that is leaning into the canal approximately 2.25' in the center. The area
just landward of the bulkhead has sunk and formed a 273sf trough with an emergent wetland
that primarily consists of pennywort, common rush and cattail. Additional vegetation on the
property consists of a mix of domestic grasses and ornamentals.
Water depths immediately waterward of the existing bulkhead average -4.1'. The Little Flatty,
adjacent to the project site is not a known submerged aquatic habitat, and no vegetation was
found within the proposed work area.
Glen Cove is a residential subdivision Zoned RMH-15 (Residential - Mobile Home 15,000sf lot
minimum) by the Pasquotank County Planning Department. Adjacent property uses are
residential. Most of the high ground within the subdivision was created from spoil deposition
during the excavation of the canals.
There are no documented historic sites within a mile of the project site. There are no known
geologic formations or archaeological sites associated with the applicant's property.
Development Proposal
The applicant's, Mark and Diane Duarte, propose to construct a new bulkhead an average of 2'
waterward of the current failing bulkhead. More specifically, bulkhead is leaning out into the
canal forming a trough with a -1'-6" escarpment and a 273sf wetland pocket. The wetland
pocket is a maximum of 9' wide (-5.46' average) x 50'. The replacement of the bulkhead will
involve excavating the area directly behind the bulkhead, pulling back the original bulkhead and
removing it as needed to construct a new bulkhead 2' waterward of the old alignment. By doing
this the applicant can maintain a straight alignment and reduce shallow bottom fill.
Installation of the pilings will be by pump and will cause siltation in the adjacent waters. There
are crab shedding operations along the same canal and could be affected by the installation.
Anticipated Impacts
1) Loss of 273sf of non -coastal wetlands.
2) Temporary localized turbidity of adjacent waters during installation of the bulkhead.
3) The anticipated turbidity could impact nearby in water crab shedders.
r Mark and Diane Duarte
Field Investigation Report
Page 3
4) Treated wood leaches over time in surrounding waters and sediment. The amount of
leaching is dependent on the type of organic material present in the water bottom
substrate, oxygen levels and water movement; however, it is estimated that 90% of the
leaching will occur within the first 90 days.
Submitted by: Lynn Mathis
Date: May 14, 2018
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IN Mr -1
APPLICATION for Fey 8- 201E
Major Development Permit ®CSI -EC
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
gAP,K
MI
Last Name
I)LA AZ TF—
Applicant 2: First Name
MI
Last Name
DUAV:T
T)-lMC
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PC Box
City
State
A 1 /
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W
MI
Last Name
Mailing Address
ZIP
Country
Phone No.
FAX No.
2���
FSI dlkSI<�
ext.
C'qJ
Street Address (if different from above)City
ZIP
State
ZIP
5 SME
Phone No. 2
1$N7i
Email
2. Agent/Contractor Information
Business Name
Rd►r :w5r�% /kr; Ne
cC►Jstr"C ►c, N
Agent/ Contractor 1: First Name
MI
Last Name
9"1j�u ri
/K
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Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PC Box
City
State
NC
v
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ZIP
Phone No. 1
Phone No. 2
1$N7i
qj�) -. qj
lift:I ext.
ext.
FAX No.
Contractor #
Street Address (if different from above)
City
State
ZIP
Email
<Form continues on back>
2552-808-2808 .. 1-888-4RCO AST , www.nccoastaimanagement..net
Form DCM MP -1 (Page 2 of 4) APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
P,5Q_L-5F AQ
Street Address
State Rd. #
K
c. Size of individual lot(s) Zd S S I' O(Z
t ?7 S 46AC•
12.(-94
Subdivision Name
y
State
Zip
GI. L C�� 7E_L_VZ-
GtT i'
QC_
2.�09
Phone No.
Lot No.(s) (if many, attach additional page with list) 16
I -3-2-Y,' - 32-:�5 -
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
I`ASQUd-1Ate K
-ST • 7_f+0WJA5, CAN16.c-.
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural KManmade ❑Unknown
PASQUOT Q t—' [21vEJ—L
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
Yes ❑No
work falls within.
FAScpu t:5TA K Couru TV
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
2r0- 3 C5X3 5�
c. Size of individual lot(s) Zd S S I' O(Z
t ?7 S 46AC•
d. Approximate elevation of tract above or
NWL (normal water /eve/)
(If many lot sizes, please attach additional page with a list)
❑NHW or ❑NWL
e. Vegetation on tract GA-(. N, C_
f. Man-made features and uses now on tract
�T 1iZ.V S t� / 131.1 l_1G l-��c r7� �7?a26�CoC✓ T3jU l U�lJII C��
S6_ , 5 6::Tmc / DQL ✓UAIA , CA 4A PEaZ
g. Identify and describe the existing land uses adiacent to the proposed project site.
anInLz: jt AL
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
lam' I�. MG
(Attach zoning compliance certificate, if applicable)
lWyes []No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes qNo
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes XNo INA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes(No ❑NA
National Register listed or eligible property?
<Form continues on next page>
252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net
Form DCM MP -1 (Page 3 of 4)
m. (i) Are there wetlands on the site?
(ii) Are there coastal wetlands on the site?
(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
56T;-1-1 C-
o. Describe existing drinking water supply source. CoUtiI—pe WATET2
p. Describe existing storm water management or treatment systems.
tjo t 1 F- : to rzFACE- i'ZU No FF
APPLICATION for
Major Development Permit
,CYes []No
❑Yes ❑No
❑Yes ❑No
Recei
DCM-E
s�tlrvrraEres ana rets
a.
Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government
Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
ZE-5(T?EX1'(1Al_
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. ��1 '"�
JET Pu Irl -p , r) ITe Vv t t z -H f 772A Cj7!)2
d.
List all development activities you propose.
qt ?U+ck-M E�u4T - W RWl --�-t Cl--
e.
Are the proposed activities maintenance of an existing project, new work, or both?
HAi IuTi: AC (✓
f.
What is the approximate total disturbed land area resulting from the proposed project? 1350 MSq.Ft or []Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area [Yes gNo :INA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state. '5UFF&E— 9UMDF:F
i.
Will wastewater or stormwater be discharged into a wetland? ❑Yes RNo [INA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No SIA
j.
Is there any mitigation proposed? []Yes KNo [INA
If yes, attach a mitigation proposal.
<Form continues on back>
252-808-2808 ,. 1-888-4RCOAST .. www.nccoastaimanagement.net
Form DCM MP -1 (Page 4 of 4) APPLICATION for
Major Development Permit
6 Additionai 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) — (1) are always applicable toanymapr development application. Please consult the application
instnrction booklet on how to property prepare the required items below.
a. A project narrative.
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.
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. +4ry1,C6
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. 77��..
Name ea�E %'/N (f2L�l�it'J� t52. Cf7SS 45-,% hone No.
Address 217 �/i%i%1I�►%t/CX�%J . ��2IV2:: V1,WAJ1W
Name gA4.47 Phone No.
Address ZZS Win 17c2nb 012( VE -75-7 - -7 2-1
Name ' Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
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.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 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 / Print Name QfrAJJV*J jto(t;►w!J
Signature ,
Please indicate application attachments pertaining to your proposed project.
NJDCM 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 .. 1-888-4RCOAST .. www.nccoastaimanagement.net
Form DCM MP -2 Received
EXCAVATION and FILL NAY 8 - 2019
(Except for bridges and culverts)
DCM-EC
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 Canal Boat Basin Boat Ramp Rock Groin Rock (excluding
(NLW or Breakwater shoreline
NWL) stabilization
Length
Width
Avg. Existing NA NA: ,
Depth
Final Project 1 NA
Depth
1. IJCCAtAT(ON Ttns►nofapplicatle
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
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 ❑SB
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
2. DISPOSAL OF EXCAVATED MATERIAL This secf on not applicable
a. Location of disposal area. b. Dimensions of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No [INA
(ii) 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.
[]CW ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of disposal in these areas:
d. (i) Will a disposal area be available for future maintenance?
❑Yes []No ❑NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
252-808-2808 :: 1-888-4111COAST :: www.nccoastaimanagement.net revised: 12/26/06
Form DCM MP -2 (Excavation and Fill, Page 2 of 2)
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:
c. Average distance waterward of NHW or NWL:
2'
Width: 2'
d. Maximum distance waterward of NHW or NWL:
2'
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
vivo ^ Z•s �RAI)C- months?
❑Yes XTNo ❑NA
(ii) 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 backfill JXSF- Riprap Dn /sAw�)
Breakwater/Sill Other
i. Source of fill material.
ClwM.Et/n AL SY-ykE-
4. OTHER FILL ACTIVITIES This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be nlaced in mactal wetlands/march mann
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
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
(ii) 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)?
DCM4 LVCFeJ-f
c. (i) Will navigational aids be required as a result of the project?
❑Yes XNo [INA
(ii) If yes, explain what type and how they will be implemented.
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes DjNo [INA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Date Applic Name
Project Name Applicant Signature
252-808-2808 :: 1-888-4RCOAST :: vvvvw.nccoastalmanaaement.net revised: 12/26/06
K
MAJOR PERMIT FEE MATRIX
"*4e
Applicant: _ , ,.
Selection
Development Type
Fee
DCM %
(1430016014351000931625 6253)
DWO %
(243001602 435100095 2341)
I. Private, non-commercial
development that does not
$250
100%($250)
0%($0)
involve the filling or
excavation of any wetlands
oro en water areas:
II. Public or commercial
development that does not
$400
100%($400)
0%($0)
involve the filling or
excavation of any wetlands
oro en water areas:
Major Modification to a
$250
100%($250)
0%($0)
CAMA Maior permit
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 applies:
III(A). Private, non-
commercial development, if
$250
100%($250)
0%($0)
General Water Quality
Certification No. 4097 (See
attached) can be applied:
III(B). Public or commercial
E]
development, if General
$400
100%($400)
0%($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
E]
III(C). If General Water
Quality Certification No.
$400
60%($240)
40%($160)
4097 (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)
4097 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or
$475
60%($285)
40%($190)
excavation of more than
one acre of wetlands and/or
open water areas:
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