HomeMy WebLinkAbout20061878 Ver 1_CAMA Application_20061206.. .. ,~F~A 2ooersra
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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
December 4, 2006
MEMORANDUM:
TO: Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
FROM:
Doug Huggett
Major Permits Processing Coordinator
SUBJECT:
Applicant:
Project Location:
Q~c~~oe~~
DEC 6 2006
DENR -WATER Ql1Al.ITY
'WETLANDS AND STORIVIWATER BRANCH
CAMA/DREDGE & FILL Permit Application Review
James and Leah Casper
107 Iowa Trail (SR 1247), Arrowhead Beach Subdivision, Chowan County
Proposed Project: Maintenance excavation within existing man-made canal
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 12125/U6, to 4(!0 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kim Hedrick at (252) 264-3901. When
appropriate, in-depth comments with supporting data are requested.
REPLY:
SIGNED
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.
DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
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1.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: James and Leah Casper
2. LOCATION OF PROJECT SITE: 107 Iowa Trail (off SR 1247), Arrowhead Beach
Subdivision, Chowan County, adjacent to manmade canal to Chowan River.
Photo Index - 2006: 147-6864()-19) 2000: 147-1871()-19) 1995: 147-1548()-10)
1989:16-8(P,Q-14) 1984:106-878(E-15) 1978:118-500(K-18)
State Plane Coordinates - X: 2,676,810 Y: 908,620 Valhalla, NC, U.L.
GPS - B112913A
3. INVESTIGATION TYPE: CAMA / D & F
4. INVESTIGATIVE PROCEDURE: Date of Site Visits - 08/22/06, 10/5/06, 11/29/06
Applicant's Present - No
5. PROCESSING PROCEDURE: Application Received Complete -November 20, 2006
Office -Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Chowan County
Land Classification From LUP -Conservation
(B) AEC(s) Involved -PTA and EW
(C) Water Dependent -Yes
(D) Intended Use -Private
(E) Wastewater Treatment: Existing - Onsite Septic System
Planned -None
(F) Type of Structures: Existing -Single-family dwelling, storage shed, fence,
bulkhead, shoreside dock
Planned -Maintenance canal excavation
(G) Estimated Annual Rate of Erosion - 0 feet/year
Source -Applicant
7. HABITAT DESCRIPTION: (AREA)
Fxr a v a TT=.T~ DT4TT TRRF.D SHADED
~' ~ 3
(A) Estuarine Waters, Public Trust Area 1,500 sq. ft. N/A N/A
~~
(B) Estuarine Shoreline N/A 2,000 sq. ft. N/A
(D) Total Area Disturbed - 3,500 sq. ft. (0.08 acres)
(E) Primary Nursery Area - No
(F) Water Classification - B NSW Open - No
8. PROJECT SUMMARY:
The applicants propose maintenance excavation within an existing manmade canal
adjacent to their property.
Field Investigation Report
James and Leah Casper
Page 2
PROJECT SETTING
The applicants' development site is located at 107 Iowa Trail (off SR 1247), Arrowhead Beach
Subdivision, Chowan County, adjacent to a manmade canal off the Chowan River. The
property consists of two adjacent lots with a combined area of 13,870 square feet and has an
elevation of approximately 7 feet above normal water level (NWL). The property slopes
downward to an elevation of approximately 3 feet above NWL at an existing wood bulkhead
separating the canal from the upland area. A 10-foot long by 4-foot wide shoreside dock exists
adjacent to Lot 126. Asingle-family dwelling is also located on Lot 126 with an accessory
storage building located in the 30-foot buffer near the property line to the south. A metal fence
is also located on this property line to the water's edge and extends onto Lot 125 outside the
Estuarine Shoreline Area of Environmental Concern (AEC). The applicants' canal front
shoreline is approximately 182-feet long.
The canal has a water depth of approximately -1.5 feet below NWL from the bulkhead out to
approximately 15-feet waterward of the bulkhead. The canal bottom consists of muck and
detritus material approximately 3-feet thick on top of a hard bottom layer. The width of the
canal adjacent the applicants property is 73-feet. The hard bottom layer appears to be the
original canal bottom, which has not been maintained for years. The navigable center portion
of the canal is -3 feet to -4 feet deep as it approaches Chowan River. The canal system is
located approximately in the middle of Arrowhead Beach Subdivision and is the only manmade
canal system in the entire subdivision. It extends approximately 1,000 feet perpendicular to
Chowan River, in an easterly direction, then bends to the north another approximate 1,000 feet
with two small fingers extending to the west from the northerly finger section.
On August 22, 2006, the canal had a heavy presence of the submerged aquatic vegetation
(SAV) Myriophyllum spicatum, commonly known as Eurasian Water milfoil. On October 5,
2006 and November 29, 2006, Eurasian Water milfoil was still present throughout the canal;
however, at much lower density than on August 22, 2006.
The upland area on the property is vegetated with Loblolly Pine, Maple, and Sweet Gum Trees
and yard grasses. The adjacent property to the south consists of asingle-family dwelling with
a shrub lined natural shoreline and pier. The adjacent property to the north, owned by Dan
and Carol Titsworth, has asingle-family dwelling, retaining wall, fence, and pier. Alligator
weed and Pontederia cordata (Pickerel weed) is located on the east side of their pier. The
Pickerelweed extends adjacent to the applicants' property for approximately 15-feet in the
corner that abuts the Titsworth's property. The Titsworth's are located at the end of the canal
where silt has built up over time and created coastal wetlands (Typha spp.) on the west side of
their existing pier. The vegetated portion of the canal on the east side of the Titsworth's pier,
which abuts the north corner of the applicant's property, was authorized under CAMA Major
Permit #32-05, issued April 13, 2005, for maintenance excavation to connecting navigable
water depths.
The waters of the Chowan River in this area are classified as B NSW by the Division of
Environmental Management and are closed to shellfish harvesting. Reviews of available
information suggest that there are no known archeological sites or geologic formations
associated with the applicant's property.
Field Investigation Report
James and Leah Casper
Page 3
DEVELOPMENT PROPOSAL
The applicants propose to maintenance excavate the canal bottom to a depth of -3 feet adjacent
the entire length of the bulkhead on Lot 126 and approximately 1/3 the length of Lot 125 out to
15-feet waterward of NWL in order to utilize their existing shoreside dock for boating access.
The area to be excavated is 100-foot long by 15-foot wide from the property line to the south
heading in a northerly direction adjacent to existing bulkhead. The applicants
intend to reach a connecting water depth of -3 feet to -4 feet. The excavation will be done in
conjunction with the authorized excavation on the Titsworth property using a mud pump,
which is equivalent to a very small dredge. The bottom material for the applicants' dredge
spoil will be placed outside the 30-foot buffer on undeveloped lot 125.
The applicants anticipate dredging outside the moratorium (February 15 to October 31 of any
given year). If the applicants must dredge inside the moratorium, they will install a sediment
curtain across the width of the canal prior to dredge activity, locate the curtain south of the
proposed excavation site, and hold in place 72 hours post excavation.
ANTICIPATED IMPACTS
The dredging of the canal bottom will result in approximately 1,500 square feet of Public Trust
Area, Estuarine Waters Areas of Environmental Concern (AEC's). Approximately 84 cubic
yards of muck bottom material will be removed and deposited on Lot 125, outside the 30-foot
buffer with a silt fence installed between the canal and the spoil area.
The spoil material will result in approximately 2,000 square feet of upland area being disturbed
by temporary fill of approximately 1.5-feet of muck bottom material in the Estuarine Shoreline
AEC, outside the 30-foot buffer.
Temporary water turbidity will occur during construction.
Submitted by: Kimberly A. Hedrick
Date: November 30, 2006
- - -
-.., ~, ,~, r~@
- ~~~~
Form DCM-MP-1 ~nNAG~1Vl~NT'^
r.: ~CA~+~ST~-l, ~A, 6~'y
' ~1 CT ~ -~ 20~~
ICATI E..~ ,
APPL
{To be completed by all applicants) .4aT'~~~ ~, ~~~M~~,~
._,
1. APPLICANT
b. City, tow~ ,community or landmark
dc. iy Ta ~
c. ~ Street address or secondary road number
a. Landowner:
~~~~~
Name sT ti~ ~ ~ ' /~}• C~.~=~ ~4.. ~= e~
I
Address ~// O ~/ S~i R w ~VE~ J2 0 _
City ~' h~~--s ~~-fr~('~__:_ State ~/'~`
Zip ~- 33z ~ Day Phone ~ZS~ - y~V $/yZ
,~ 7 93 Z-
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) ~ivd y F M/~-.y ~c/!~-o%
Fax , ~ _ 6 3. DESCRIPTION AND PLANNED USE
b. Authorized Agent:
Name
Address /~ /r'~
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities. _
City /y ~ State _ /V/~ _
Zip Day Phone ,/~/~,_
Fax /yam
c. Project name (if any) . //~ ~~
NO7E: Pcrrrdt will Fx issued in nano of laatdowner(rj, assd/or
project hone.
2. LOCATION OF PROPOSED
PROJECT
a. County //1 a),1~.c/ ~/J/A i!/~ i.~/ _
b. Is the proposed activity maintenance of an existing
project, new work, or both? ~/r' k/ U a ~ l(
c. ~?~l:ll the project be for public, private or commercial
use? Prz; ~ A ~.~--- !~ ~ s; r/~.v% ~ ~-
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is seeded, please attach
_ . additional_pages.. b~1 ~L 6 ~ a s,',~ ~
/~ ~„~~ HU rr Q?.v/~ /Z 63-1'/ d Gr
IS 7~a 6'IO~r tI" Ls' X i,~ % :• G C.a r./ :?~/
a
~ ~ T ~/~~
i•
Revised 03!45
Form DCM-IViP-1
4. LAND AND WATER
CHARACTERISTICS
m. Describe existing wastewater treatment facilities.
n.• Describe location and type of discharges to waters
a. Size of entire tract ~'~v ~ ~3. ~~~J~/a~ FI
' •• of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) ~ z5-~q,~v~~Ff-~/Z i;'S9~OSQr"~'aztewater, industrial/commercial effluent, "wash
down" and residential discharges.)
c. Approximate elevation of tract above MHW or s.r r7 F~a r ~' 2 u ac o FF
NWL 7 ~
d. Soil type(s) and texture(s) of tract
~ti d - ~a r~ ~"e.' L -
e. Vegetation on tract ~~ s S- Tie ~~,5 =
f. Man-made features n/ow Pn tract ~~ o u5 ir"
~Tr~/~l~P rt` Shd"(J
g. What is the CAMA Land Use Plan land
classification of the site? (Consult rlu loaat land use p1a++.)
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
~'. ~. s ~ d~ M ~~ C. _ IS ~ c R ~sg rc~,u ~ L
i. Is the proposed project consistent with the applicable
zoning? / Yes No
(Attach zoning crmplianee ..^errifiaat', if aPP~~I'~J
J•
Has a professional archaeological
done for the tract? Yes
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) Other
If yes, has a delineation been conducted?
(,ltTach docurneruation, tf availa6~)
assessment been
r/ No
o. Describe existing drinking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A dopy o[ 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 lazger 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 03/95
• .
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, Iandmarks, and the like.
~~~ ~ ~ 20C6 ~1C~ 3 1 2006
~~.®AST~L h t~4e~~~~G=~~~,..u. GC1A ~Y~I, ~IANAGEMEIVT
A13ETN G!T`l
6. CERTIFICATION AND PERNIISSION
TO ENTER ON LAND
• A Stormwater Certipcation, if one is necessary.
• 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. Upon signing this form, the applicant
further certifies that such notice has been provided.
I understand that any permit issued in response to this
application wilt allow only the development described in
the application. The project will be subject to conditions
and restrictions contained +~t 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.
Name _ l~/~~t/ 7~~~1 S ~o/z % ~ I certify that I am authorized to grant, and do in fad,
Address H S / ~ .gyp ~ ~ ~ ff c ~S ~ ~7'.^t' tl _- grant permission to representatives of state and federal
v„ ~ .-~~"'~~~~ 2 759- y9~ -3z~w review agencies to enter on the aforementioned lands in
Phone .Y..,, ~.~~
connection with evaluating information related to this
Name ~~ ~T T~~~T~~~' ~ • - permit application and follow-up monitoring of the
Address P.o,_ /~~.~- °f:~'~ ~ ~~~~o ~ ~ elm 23Sa ~ project.
Phone 7S] y~'9 ~ ~ i 7
I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone
This is the ~ ~ day of ~~~ , ~ ~~~
• A list of grevious state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Hoo
• A check for 31339 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 public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act. N n
Print Name ~ M ~ 5 ~. CA s n t= ~z
Signature • ~
weer or Authorized A eru
Please ind'irate 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-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottarn of each form.
Revised 03195
Form DCM-MP-2
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FILL { ~ _ ._ :9,. ~ a =::, J,r. , s
AND ~''~~ ~~~~AG
~~TH ~,~~~~~.
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. 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 Ffoal
Eadstiag Protect
Access
channel
(MLA or (NWL).
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Length Width Depth Depth
t
/04 l5~ i..y~ 3
F.
i y.„~ nr
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1. EXCAVATION
a. Amount of material to be excavat ~ om below
MHW or NWL in cubic yards
b. Type of material to be excavated U _
Se ~ V~r~ Ti4%; ui~f
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? ~p Yes No
SAV' kufky~rJ 1~-'Attr.vt~lTu;1
d. Highground excavation in cubic yazds ~_
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Locations of disposal arrea c.c:., - yL_
b. Dimensions of disposal area .3<=~ ~- 3n~-
c. Do you claim title to disposal area?
~_ Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? ~ Yes No
If yes, where? 5,~,~., ~:'~~ ~~~
Revised 03/45
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 yes,
(1} Amount of material to be placed in the
water N~
(2) Dimensions of fill area ,c/ ~~
(3) Purpose of fill /~i l~
3. SHORELINE STABILIZATION N~
a. Type of shoreline stabilizafion
Bulkhead iZiprap
b. Length
c. Average distance waterwazd of MHW or NWL
d. Maximum distance waterwazd of MHW or NWL
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes ,~/ _ No
If yes,
(1) Dimensions of fill area ~1 /-j'
(2) Purpose of fill ,~J~
5. GENERAL
e. Shoreline erosion during preceding 12 months
(Source of information) _ ,.-. _ _ ~ ~ ~ ~ _ _
f. Type of bulkhead nr riprap material_ _
g. Amount of fill in cubic yazds to be placed below
water level
(1) Riprap
(2) Bulkhead backlit! _.
h. Type of fill material `__,_ ~. _
i. Source of fill material ~ __
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes ~~. No
a. How will excavated or fill material be kept on site
and erosion controlled? ~'. G T F~ .vC
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
u ~ ~ o G - ~ ~~ 'how
c. Will wetlands be cr:,ssed in transporting equipment
to project site? Yes / No
If yes, ezpfain steps that will be taken to lessen
environmental impacts...
~ fj~(.+'', ~ ~ ~ • CAS p~/(
Applicant or Project Name
Gl- ~ s /
S lure
i>ett
Revised 03195
- IVf IVYYf~ 111
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6.1
1;
MAJOR PERMIT FEE MATRIX
Applicant: James and Leah Casper
Selection Development Type Fee DCM % DW4
(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). For Private non-
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
a uatic 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:
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