HomeMy WebLinkAbout20190557 Ver 1_CAMA Application_20190426NORTH CAROLINA
Environmental Quality
April 26, 2019
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
gregg.bodnar(cDncdenr.gov
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Katerina Braman
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Management
Project Location: 519 NC Hwy 45 Town of Swan Quarter Hyde County North Carolina
Proposed Project: Propose to fill an area delineated as 404 wetlands 20' wide by 100' long to
enlarge the existing upland spoil bank to support ongoing uses associated with
the existing boat dock.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grep_p Bodnar at the address above by May 17 2019 If you have any questions
regarding the proposed project, contact Steve Trowell (252) 948-3854 when appropriate, in-depth comments
with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT NAME
AGENCY
SIGNATURE
DATE
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.
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Katerina Braman
2. LOCATION OF PROJECT SITE: Project site is located at 519 NC HWY 45 adjacent the Ben Martin canal
off Fodery Creek in the Town of Swan Quarter, Hyde County, North Carolina.
Photo Index- 2006:113-3591; L-8 2000:113-1202;L-8 1995:N/A
Lat Long Coordinates - 35°24'38.86" N 76020'09.83"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 11 April 2019
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received —15 April 2019
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Hyde County
Land Classification — Community
(B) AEC(s) Involved: ES, PTS
(D) Water Dependent:
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — None
Planned - N/A
(F) Type of Structures: Existing — Existing dock and upland spoil bank
Planned — N/A
(G) Estimated Annual Rate of Erosion: Unknown
7. HABITAT DESCRIPTION:
DREDGED
[AREA]
FILLED OTHER
(A) Vegetated Wetlands
(Non -Coastal 404 wetlands)
2,000 ft2
(B) Non -Vegetated Wetlands
(Creek/Canal Bottom)
(C) Other
Uplands
(D) Total Area Disturbed: 2,000 ft2 (0.05 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA ORW
Open: No
PROJECT SUMMARY: The applicant proposes to fill an area delineated as 404 wetlands 20' wide by 100'
long to enlarge the existing upland spoil bank to support ongoing uses associated with the existing boat dock.
Braman Lot
Katerina Braman
Ben Martin Canal
Hyde County
Project Site
The 4.5 -acre project site is located off HWY 45 adjacent the Ben Martin canal off Fodery
Creek and Swan Quarter Bay in the Town of Swan Quarter, Hyde County, North Carolina. The
Swan Quarter Flood prevention dike exist in this location as a fiberglass sheet and concrete barrier
wall in close proximity to the edge of pavement on the south side of HWY 45. There is a driveway
crossing of the adjacent roadsidelborrow ditch to an area of cleared upland spoil bank. The tract
has 1,180' of shoreline adjacent the Ben Martin canal. The primary purpose of the Ben Martin
canal was agriculture drainage. There is an electric mechanical drainage pump located in the Ben
Martin canal ±100' upstream of HWY 45. The current and historic use of this property has been
for boat dockage and spoil deposition during maintenance of the Ben Martin canal. The Ben
Martin canal on this property was excavated in wetlands which resulted in an upland spoil bank
and an area of uplands ±50' wide x 95' long just off HWY 45. There is a 6' wide x 95 long dock
along the shoreline at this location. The area of uplands adjacent the dock is used for parking and
staging of fishing gear. The upland area adjacent the dock is clear of woody vegetation, vegetated
in maintained (regularly mowed) upland grasses. The spoil bank for a distance of ±277'
downstream of the parking/staging area was recently cleared to facilitate maintenance excavation
in the canal to a max final depth of minus 6' below the normal water level (NWL) where spoil was
placed on the upland bank while maintaining two existing ±20' long breaks in spoil deposition to
allow for surface water exchange with the adjacent wetlands and canal. The maintenance
excavation was undertaken in January 2019 and was authorized by CAMA/Dredge and Fill general
permit no. 72936 issued on 13 December 2019. CAMA General permit no. 68909 issued 15
December 2017 authorized replacement of the existing dock.
The wetlands on the project site consist of a Coastal Wetlands marsh vegetated with black
needle rush (Juncus roemerianus), salt grass (Distichlis sD cata) and salt meadow hay (Sartina
paten s). The wetlands immediately adjacent the upland area used for parking and next to HWY
45 have been impacted by the historical development of the Ben Martin canal and HWY 45. This
area of wetlands is also in a zone of transitioning wetland types which has resulted in a shift in the
vegetation community from Coastal Wetland marsh grass species to a homogenous stand of
common reed (Phraemites V.) with scattered woody vegetation such as groundsel bush Baccharis
an sti olia), red cedar (Aniperus viriniana and wax myrtle (Myrica ceri era). This area was
delineated as a 404 wetland by the US Army Corps of Engineers regulatory staff but not as a
Coastal Wetland marsh by NC Division of Coastal Management staff.
Water depths in the Ben Martin canal range from minus 7' below the NWLnear it's
confluence with Fodery Creek to minus 6' adjacent the project site. The Ben Martin canal is
designated as a primary nursery area and Coastal Waters by the Marine Fisheries Commission and
SA ORW by the Environmental Commission and is closed to shellfishing.
Braman Lot
Katerina Braman
Ben Martin Canal
Hyde County
Page Two
Project Description
The applicant proposes to expand the upland area adjacent the existing dock by filling an
area of 404 wetlands 20' wide x 100' long parallel to the canal. The purpose of the fill is to support
the ongoing uses of parking and staging fishing gear. Fill dirt will be trucked to the site, dumped
on uplands then pushed into the wetland by a rubber tire backhoe. A fill slope of 2':1' will be
maintained with a silt fence placed at the toe of the slope. A grass seed mixture will be spread on
the fill to promote stabilization of the fill dirt.
Anticipated Impacts
The proposed filling activities will result in the permanent loss of 2,000 ftz of 404 wetlands.
The proposed development will increase the use of the upland area adjacent Ben Martin canal and
the associated impacts from increased boat and vehicular traffic.
Steve Trowell - Washington Regional Office - 24 April 2019
Katerina Braman
264 Main Street
Swan Quarter, NC 27885
North Carolina Department of Environmental Quality
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
4-15-2019
Dear Sirs:
Please find attached my application for a CAMA Major permit to fill in 2000 square feet of land
on my property on Highway 45 in Swan Quarter, Hyde County, NC. If you have any questions,
Please contact me at 252-947-1035.
Kindest Regards,
/s/
Katerina Braman
..TION for
.,or Development Permit
,last revised 12/27/06) 64
North Carolina DIVISION OF COASTAL MANAGEMENT
1. PrimaryApplicant/LandownerInformation
Business Name
Equity Trust Company Cg0 KoAe-rcnq gV-A"e4n
Project Name (if applicable)
Braman Lot
Applicant 1: First Name MI
Katerina
Last Name
Braman
Applicant 2: First Name MI
Last Name
If additional applicants, please attach an additional pages) with names
listed.
Mailing Address
264 Main Street
PO Box
City
State
Swan Quarter
NC
ZIP
Country
Phone No.
27885
Hyde
561 - 222
- 3355 ext.
FAX No.
Street Address (if different from above)
_
City
State
ZIP
Email
2. Agent/Contractor Information
L
ss Name
Contractor EFirst
Name
Contractor ame
Mailing Address
ZIP
FAX No.
Street Address (if different from above)
Email
;Ml
Last Name
Last Name
PO Box City State
Phone No. 1 Phone No. 2
ext. ext
Contractor #
City I State ZIP
RECEIVED
<Form continues on back> APR 10 2019
DCM-WARD
252.808.2808 :: 1-868.4RCOAST :: www.n.cOastalmanagement.net
Form DCM MP -1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Hyde
519 NC Hwy 45
NC 45
Subdivision Name
City
State
Zip
N/A
Swan Quarter
NC
27885 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
561 - 222 - 3355 ext.
N/A, I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
WYMtee -car- Po^ i c v
Ben Martin Canal
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 ®Manmade ❑Unknown
Pamlico Sound
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ®No
work falls within.
N /A
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sci t.)
370
4.53 acres
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N/A, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
5 ❑NHWor®NWL
e. Vegetation on tract
Spoil berm vegetated with pine trees and misc saplings, various yard grasses on bulkhead area, and freshwater marsh and
high elevation coastal marsh in the wetland areas.
f. Man-made features and uses now on tract
Bulkhead and small dock. Misc trash and debris in marsh area from previous owner(s)
g. Identify and describe the existing land uses ad'acen to the proposed project site.
Commercial docks and private residential homes
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
N/A
(Attach zoning compliance certificate, if. applicable)
❑Yes []No ®NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No [: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> RECEIVED
APR 10 2019
252-808-2808 :: 1-888-4RCOAST :: www-nccoastalmana.®GMi.YlAll
Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes []No
(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 ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
None
o. Describe existing drinking water supply source.
None
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
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.
Expansion of small fill area will be utilized by the owner for private recrational purposes. A small storage shed may be
constructed to house recreational waterfront amenity type items
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.
Dump truck will be used to haul fill to the site and small rubber -tire back hoe and tractor will spread and level the fill. Silt
fences, hay bales and other erosion control devices will be immediately deployed to stabilize the fill including seed mixtures
to encourage rapid ground cover
d. List all development activities you propose.
Create additional usable high ground area via an approximate 2000 sq ft fill pad
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
f. What is the approximate total disturbed land area resulting from the proposed project? 2000 ®Sq.Ft or []Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Fill will be placed in upper level freshwater wetland area consisting primarily of phragmites and myrtle and groundsel tree
saplings. The fill area is disturbed and trash and other debris evident from previous land uses and past ownerships.
i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No [INA
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 ®No ❑NA
If yes, attach a mitigation proposal. RECEIVED
<Form continues on back> APR 10 2019
DCM-WARO
252.808-2808 :: 1-888.4RCOAST :: www. ncc oastal management. net
Form DCM MP -1 (Page 4 of 4)
APPLICATION for
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) — (f) 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 (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.
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 plili 19, WC, 14- tJa.dlrY+y Phone No.
Address g 3y Shoraland Rd. W rns�ov% Salam N G 21106
Name 'RoJp1-y :SarV 1S Phone No.
Address a 1 -2-15Zf-s
Name NC.00T clo Pc -"t Wilt%�q,rvtS , C -Ku Pt-aq. S„pr.Phone No.
Address 'Rra !; dam+ori G
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
Cavvla17red9a F;lt No 1a-13 -tR Q0.+ f3m„^a� TRA
C.r_�� pro-d_qe till No 6890G lit -IS- 1-7 iZ,chcvd T3ra�^�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.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 f my knowledge.
Date 2 01 1 C1 Print Name Q ✓Yt�tGL
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culve¢SECEIVED
❑DCM MP -3 Upland Development ��((
❑DCM MP -4 Structures Information
APR 10 2019
FRICT, 5 1''•
252.808.2808 :: 1-888-4RCOAST :: w w w. n c c 0 1 s It a l m a n a g e m e n t. n et
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 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.
Access
b.
Type of material to be excavated.
cubic yards.
Other
c.
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL)
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
stabilization
Length
❑CW ❑SAV ❑SB
❑WL ❑None
100
Width
(ii) Describe the purpose of the excavation in these areas:
20
Avg. Existing
2.
DISPOSAL OF EXCAVATED MATERIAL
®This section not applicable
a.
Depth
b.
Dimensions of disposal area.
c.
NA
NA
(i) Do you claim title to disposal area?
Final Project
❑Yes ❑No DNA
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
Depth
e.
(i) Does the disposal area include any coastal wetlands/marsh
f.
NA
NA
(CW) submerged aquatic vegetation (SAV), shell bottom (SB),
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.
c.
d.
High -ground excavation in cubic yards.
(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
❑WL ❑None
(ii) Describe the purpose of the excavation in these areas:
2.
DISPOSAL OF EXCAVATED MATERIAL
®This section not applicable
a.
Location of disposal area.
b.
Dimensions of disposal area.
c.
d.
(i) Do you claim title to disposal area?
(i) Will a disposal area be available for future maintenance?
❑Yes ❑No DNA
❑Yes ❑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 wetlands/marsh
f.
(i) Does the disposal include any area in the water?
(CW) submerged aquatic vegetation (SAV), shell bottom (SB),
[--]Yes ❑No [INA
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
(ii) If yes, how much water area is affected?
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of disposal in these areas:
RECEIVED
APR 10 2019
252.808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06
r
Form DCM MP -2 (Excavation and Fill, Page 2 of 3)
3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP -4 — Structures)
a. Type of shoreline stabilization: b. Lenath:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:
c. Average distance watenvard 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.
Width:
d. Maximum distance waterward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
APR 10 2019
4. OTHER FILL ACTIVITIES ® El M-W/81R
El Dr
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 placed in coastal wetlands/marsh (CW).
If yes,
(ii) Amount of material to be placed in the water none
(iii) Dimensions of fill area 100x20
(iv) Purpose of fill
create additional upland area
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 a000 ❑None
(ii) Describe the purpose of the fill in these areas:
Fill be placed adjacent to an existing high ground for the
purpose of creating additiional upland area for private
recreational uses
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)?
silt fence will be placed along with hay bales and other ground rubber -tire track hoe, tractor, and loader
cover devices
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 [INA site? ❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented. (it) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Dated+P
Applicant Name
Project Name
252-808-2808 :: 1.8884RCOAST :: www.nccoastaimanagement.net revised: 12126/06
Form DCM MP -2 (Excavation and Fill, Page 3 of 3)
Applicant Signature -
RECEIVED
APR 10 2019
®CM -WARD
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06
Braman Fill Sheet 2
Cross Section
Scale : NTS- Dimensions Shown
2-21-2019
Existing Dock Existing Grade/Highland
NWL
0
50 ft
Caja\ gottot�
x
4' M
12'
Fill Pad 2' : 1'
20 '
RECEIVED
APR 15 2019
DCM_V►ARO
Braman Fill
SILO location Map - Sheet 3
S19 NG Ilwy 45
Swan Duarter. NC Braman Site
U
2 9.79 •.� �„�—� Swan Quarter
RECEIVED
APR 15 2019
DCM-WARO
1m �
vae 1