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HomeMy WebLinkAbout20041865 Ver 1_CAMA Application_20041122If A? r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary November 18, 2004 MEMORANDUM: D O (-__1 Q TO: Mr. John R. Dorney L? Environmental Biological Supervisor NU 1 2 2 2004 ` Division of Water Quality l','c? os - WATER QUALITy y FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William T. Robbins Project Location: Intersection of Walnut Island Blvd. & Sea Horse Lane, Grandy Proposed Project: Close existing basin and construct bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 9, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Dennis Hawthorn 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 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 APPLICANT'S NAME: William T. Robbins 2. LOCATION OF PROJECT SITE: Intersection of Walnut Island Blvd. (NC SR-1186) and Sea Horse Lane, Walnut Island Subdivision, Grandy, Currituck County, man-made basin to the Currituck Sound. Photo Index - 2000: 189-2305 (G-18); 1995:189-1994 (H-15) State Plane Coordinates, X: 2923400 Y: 921000 Jarvisburg Quadrangle 3. INVESTIGATION TYPE: CAMA/ D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - September 29, 2004 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete - October 28, 2004 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline (C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - central sewer; Planned - none (F) Type of Structures: Existing - man-made basin ; Planned - close off basin and bulkhead 127 linear feet of shoreline/basin to be backfilled with clean fill. (G) Estimated Annual Rate of Erosion: none / existing bulkhead structures Source - Applicant 7. HABITAT IMPACT DESCRIPTION: [AREA] EXCAVATED FILLED / DISTURBED OTHER (A) Estuarine Waters / Public 4,295 sq. ft. . Trust Area (B) Upland 850 sq. ft. (C) Total Area Disturbed: (D) Primary Nursery Area: (E) Water Classification: 5,145 sq. ft., (0.118 acres) No SB; closed to shellfish harvest 8. PROJECT SUMMARY: This project involves the filling of a basin at the end of a man-made canal that connects to the Currituck Sound. The project is located in the Walnut Island Subdivision, in the community of Grandy, Currituck County. 7 William T. Robbins, Currituck County FIELD INVESTIGATION REPORT Page 2 Project Setting The project site is in the Walnut Island Subdivision at the intersection of Walnut Island Blvd. (NC SR-1186) and Sea Horse Lane in the community of Grandy, Currituck County. This site is a vacant 8,324-square foot lot and 3,870-square foot basin at the end of a man-made canal. The basin is situated at the northeast corner of the property, adjacent to Walnut Island Blvd. The property/basin was previously the site of a large boat barn that almost completely occupied the square footage of the basin and a portion of the lot. The property is vegetated in lawn grasses and is approximately 1.3-feet above the Normal Water Level (NWL). The site has approximately 260 feet of un-stabilized shoreline along the basin and canal. The Walnut Island canal system connects to the Currituck Sound and most of the system was excavated from high ground prior to 1970. Canal water depths tend to be 4 feet below the NWL in the center of the canal and approximately 2 feet below the NWL at a distance of 5 feet off shore. Water depths in much of the neighborhood canal network are reported to be much deeper. Based upon the application platwork, water depths in the majority of the basin are approximately 3.5 feet below the NWL. During my site visit no submerged grasses, shellfish or finfish were observed in the basin area. The Coastal Resources Commission (CRC) has designated the waters of the Currituck Sound as Public Trust Area and Estuarine Water Areas of Environmental Concern (AEC). In addition, under the designation of the CRC, the Coastal Shoreline AEC extends in a contour of 75 feet landward of the NWL. The North Carolina Marine Fisheries and Wildlife Resources Commissions classify the waters of the Currituck Sound as Coastal Waters. Proposed Development The applicant proposes to close off the existing basin and construct a bulkhead across the basin and remaining property shoreline. The structure will connect to an existing bulkhead near the existing southeast corner of the basin along Walnut Island Blvd and will continue to the west across the basin entrance and then along the canal shoreline, ending at the Robbins - Beasley property line. The structure will extend 5 feet waterward of the existing NWL of the canal and will be backfilled with clean fill material from an upland source. The backfill (bulkhead and basin) area will be filled to the elevation of approximately 2 feet above the NWL. According to the application, this project will result in the placement of 105 cubic yards of fill material below the NWL. Including a 15- foot tieback area along the canal shoreline, this project will result in approximately 5,145 square feet of water and land disturbance. The applicant has notified adjacent property owners and obtained USPS certified mail receipts. Since the bulkhead alignment will encroach into the NC Department of Transportation's (NC DOT) 60-foot ROW, the applicant has also received an Encroachment Contract Agreement from the NC DOT. William T. Robbins, Currituck County FIELD INVESTIGATION REPORT Page 3 Anticipated Impacts The bulkhead/basin fill will result in the loss of 4,295 square feet of Public Trust Area and Estuarine Waters. The bulkhead alignment will not result in the filling of any wetlands or loss of significant shallow water bottom habitat. The basin fill and shoreline stabilization work will result in a temporary increase of water column turbidity levels in the immediate vicinity of the project during construction. Submitted by: Dennis W. Hawthorn Date: 11/17/04 Form DCM-MP-1 APPLICATION' (To be completed by all applicants) - - 1. APPLICANT b. City, town, community or landmark c. ' Street address or secondary road number a. Landowner: Name 1ti/""_/ /gin -'7- Address ?IC?-, State City _ Zip Z-7 31,f Day Phone 2`'Z - "7rzS., Fax LIZ -4s --2-3 L/ b. Authorized Agent: Name h?'Q Address City State Zip Day Phone Fax C. Project name (if any) N07E. pcrmil wilt U issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County _( J?? ? i ?%G(i. d. Is proposed war ithin city limits or planning jurisdiction? Yes No e. Name of body of water nearest project (e.g.. river, creek, sound, bay) le-1 S.DJ;.?D . 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 exc? vation and/or filling activities. UsTZJC_-i- iR -6 7-r I-,::- b. Is the proposed activity maintenance of an existing project, new work, or both? N? ?U W oOK c. Will the project be for public, private or commercial d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. ?)'-I L %?1 ci..i?•l??V ?S %?.1? 1'1(--fir\iJ Revised 03/45 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 1?? x%74_ b. Size of individual lot(s) g 13zZt c. Approximate elevation of tract above hUM or NWL ( ' d. Soil type(s) and texture(s) of tract e. Vegetation on tract f. Man-made features now on tract ? -K-- g. What is the CAMA Land Use Plan land classification of the site? (Consult the loazl land ure plan.) Conservation Transitional _ Developed Community Rural Other h. How is the tract zoned by local government? i. Is the proposedproject consistent with the applicable zoning7 l1// Yes No (Attach zoning compliance cerrificate, if applicable) Has a professional done for the tract? If yes, by whom? . archaeological assessment been Yes ?rNo k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eli 'ble property? Yes No 1. Are there wetlands on the site? Yes L'-No Coastal (marsh) Other if yes, has a delineation been conducted? (,Hach doaanentation, if available) m. Desc ibe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharFes.) -t- 0 n?t-CG?, W/c- j2c:Q? o. Describe existing drinking water supply source. C'oaP_ IT(3--L C)??.? ? U?/t?(L 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: o A copy of the deed (with state application only) or other instrument under which the applicant claims title 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 accurate, 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 Coastal Resources Commission Rule 7J.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 personnel unfamiliar with the area to the Revised 03195 Form DCM-NIP-1 site. Include highway or secondary road (SR) 6 CERTIFICATION AND PERMISSION numbers, landmarks, and the like. . TO ENTER ON LAND O A Stormwater Certification, if one is necessary. I understand that any permit issued in response to this 0 A list of the names and complete addresses of the application will allow only the development described in adjacent waterfront (riparian) landowners and the application. The project will be subject to conditions signed return receipts as proof that such owners and restrictions contained in the permit. have received a copy of the application and plats . by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal proved Coastal Management Program and will be Management. Upon signing this form, the applicant conducted in a manner consistent with such program. further certifies that such notice has been provided. B" 4, Su%'>j I certify that I am authorized to grant, and do in fact, Name l l grant permission to representatives of state and federal Address Z 7rZLt ,? `.review agencies to enter on the aforementioned lands in Phone _ connection with evaluating information related to this Name G'PT''? = ?T o?= permit application and follow-up monitoring of the Address j2 sty project. Phone I further certify that the information provided in this a Name. application is truthful to the best of my knowledge. 3 G 2 2 Address Phone Uv.I r- L.C S RD, WT ?s- L 2.790 ? day of -1-9--- This is the IL` o A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. IL J`?-- Signature u d A i h gn or ze 1=%doxner or Aut `D t i li V c.? Please indicate attachments pertaining to your proposed of 0 A check for •$250 made payable to the Department project. Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the (/CM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development DCM MP-4 Structures Information 0 A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development i J ® A statement of compliance with the N.C. NOTE; please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space providecj at. the-bottom :gf each form. 10) If the project involves the expenditure of public 1J? 1 j funds or use of public land's, attach a statement ?C documenting compliance with the North Carolina Environmental Policy Act. r,?'.,i?l1r Revised 03193 Form DCM-MP-2 I E.'Z?Tl[ L. C A 1 VV A T 10 N AND FILL (Except 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Length Width Existing Project Access channel (NILW) or (NWL) I 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 5 . ?;(- b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vex ation (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards Canal ;rte Boat basin Cf6l lal 3 1.--Z-. Z I ? 2. DISPOSAL OF EXCAVATED MATERIAL Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) : , s ?.? ` a. Location of disP?osal area 'F F, b. Dimensions of disposal area / a t•' 1>4 •Z•' c. Do Y9u claim title to disposal area? ?/ Yes No If no, attach a letter granting permission from the owner. d. Will a disposa area be available for future maintenance? Yes No If yes, where? e. Does the disposal area include any coastal wetlands (marsh), SAVs or her wetlands? Yes No f. Does the disposal include any area in the water? Yes No Revised 03195 Form DCM-MP-2 3. SHORELINE STABILIZATION a. Type shoreline stabilization Bulkhead Riprap b. Length /2-7 c. Average distance waterward of MHW or NWL :'.L?;,. d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months Z FPT (Source of information)??7=2 ?'f C?"`t?k=2 f. Type of bulkhead or riprap material M:Hn -D g. Amount of till in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Sou a of fill material 4. OTHER FILL ACTIVITIES r&?_ (Excluding Shoreline Stabilization) 1, ( a. Will fill-material be brought to site? Yes No If Yes, (1) Amount of material to be placed in the water _ (2) Dimensions'of fill area (3) Purpose f fill -I CJ b. Will fill material be placed in coastal wetlands (marsh), SAVs or of er wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site a4 erosion controlled? -Slt?v? 7- &E 01 i2cG(`LL, b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? L?f'?C,IL j-{a ? Z. 0 .5v-z G-fl -- c. Will wetlands be crossed in transp9rtin; equipment to project site? Yes c/ No If yes, explain steps that will be taken to lessen environmental impacts. Applicant Project Name Signature ?l Date i` I yt,! Revised 03195 WILLIAM T. ROBBINS PROFESSIONAL LAND SURVEYOR P.O. Box 1100 Grandy, N.C. 27939 www.ncsurveyor.com brsurveyor@mchsi.com Office (252) 453-2126 Wats (800) 662-5653 Fax (252) 453-3321 8/12/04 Mr. Ted Sampson NC Division of Coastal Management 1367 U. S. 17 South Elizabeth City, NC 27909 Re: Major CAMA Permit Application Dear Mr. Sampson: I am submitting an application for a major CAMA permit for property that I own in Grandy, NC. The property is surrounded by the Walnut Island Subdivision, but in fact is not now nor has it ever been a part of that subdivision. At the time I purchased the property there was a dilapidated boathouse on the property that had been constructed over a man made boat slip about fifty years ago, long before the property was subdivided or developed around it. The boathouse was in such bad condition that I decided to remove it before it either fell into the water, or a hurricane relocated it on top of someone's home. This was done in the last 120 days. There remains a boat slip and eroding shoreline that is shown on the accompanying drawing. I am seeking permission to bulkhead the shoreline and to fill in the boat slip. The boat slip was excavated prior to the platting and acceptance by NCDOT. There was a serious error in the creation of the original plat by the original engineer that resulted in the right of way of Walnut Island Blvd. passing through the center of the excavation as shown. I have spoken with several representatives of NCDOT and all agree that since the boat house has been removed that the close proximity of the boat slip to the edge of pavement presents an undesirable situation. A right of way encroachment agreement has been issued allowing me permission to fill their portion of the slip pursuant to my obtaining approval from county, state and federal authorities, as the situation may require. I propose to construct a bulkhead as shown and then fill the remaining area. An existing sewage district that been maintaining a system for portions of Walnut Island Subdivision: The drain fields have been located for this system in an easement on the adjoining property to the south that had been operating as "Yogi Bear Campground". The campground property has recently been purchased by a corporation whose chief operations officer is a client of mine. The new plans for the campground require the development of the existing sewer easement. In order to accomplish this a new sewage treatment plant has been designed by another engineering firm that will accommodate the new development at the campground location as well as the entire Walnut Island Sewer District. Mr. Dave Russotto has stated that I will be given authorization to tie the sewer on my property into his new system. My lot will be furnished water from the county water system. This property is located at the dead end of an existing canal and the boat slip does not flush very well. It is my desire to eliminate this potential for stale water. I have received approval from Currituck County for improvements as outlined here. Please find the enclosed color copies for your review. Thank you for any assistance you may give in this matter. Since Q? William T. Robbins Page 2 MAJOR PERMIT FEE MATRIX Applicant: William T. Robbins Selection Development Type Fee DCM % (14300 1601 435100093 1625 6253) DWQ % (24300 1602 435100095 2341) 1. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands or open 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 applies: III(A). For Private non- E] commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 3301 (see attached can be applied: III(B). For public or • commercial development, if $400 100%($400) 0%($0) General Water Quality Certification No. 3301 (see attached can be applied: 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 applied: IV. For development that El involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: WILLIAM T. ROBBINS THE BANK OF CURRITUCK 08 04 PROPERTIES ACCOUNT MOYOCK, NORTH CAROLINA 27958 (252).453-2126 P.O. BOX 335 POPLAR BRANCH, NC 27965 66-730/531 CHECK NO. DATE • ,?,, 6?iL?L 9 ? AMOUNTG T PAY TO THE -\\ p n "?• OFDER ???L N S-? Ll `? `p r ( Q•(?/yt ?- ?? - AUTHORIZED SIGNATURE hip ?'/yv° 11500080411' 1:053 1073031:0 23 1696 2 L011'