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HomeMy WebLinkAbout20061878 Ver 1_CAMA Application_20061206.. .. ,~F~A 2ooersra ~~ ____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 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 {~ • ~. ~ ~3 A i ~' Y . t 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 ... ,,~ y E ~~ ~ ~ ~ zoos VATItJN ~ ~'~ ~~A ~ ~~~- ~~~~lLf ~,~,~~ ~~`~~~~~~ ~ ~ 3 ,~ 2pp 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 ~ ~~~ 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 a•,~y~.~,rr.rst~~rPlcao~l,~at-c~ • T1-8~0-~~2-~i~3~ ~ Edenton) NC 27932-9963 . • ~ rl a v j: I 8 ~', ~. r `ti,•~r. ~. ~~1~ / C,~~ \ ~ ~i \~ • S ~` ~~ ~b 1 "~f ' .,~''~p r ki 1' ,:r ~$ iTE K1.~~~ r ~~ r.. ~+1 ~pa ~~~~t t a~~ r" / ~~~ p,~r1t1 n ~` ~ J I- .r':~~,w J;~'```"•.~~~'~ to 'r- et fl7 +,",~ l'f y' P+' C N , ~ /rF ~ I I - .._. I..f . . f - - ,fr '~ - ~ 1 :;a rr ! .; f, ~_ _- - l ,..' N r i -~r _ rI ~F~L ~ l+N;~' r e l j i. 1 r ~ ~-.a ._ - ~ ; IL ,i f~ ~r- I,.. -_ .~ "~ aim ~' f 1' r `°'' tir jib {', ~ f`. - - ~r_~ f, resented. 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C.t~~ e'~ N , j q ..S . ~-- L 'r I ' -.~ . ` ~ I'~ w AL M ~ ~~~ ~ j ~~ -?,~ ~r/ ..~ _ _ _ _ f :hs~iz C7~`~iJA i iGr.3 ~~ ~-~'t'C~ ~~ 4' tXiSTPivcr ~1~qi ~:u r>A\ ~~1 r~, j '~ :~ 1~~ >~ , :L J ~J rye •h~ L '• '~'•1~~'i r !M ~~, y r V S 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: r 1 S+ Y ' • w ~• ~~' ~soa ~ ~ c ` ~ m ~ ~ ... ti :-. v ~ ~ $ a ~ ~ ~ b ~ 1~ ~ m II [~ . ! ~~..~ ~ ,] 1 ~ L~ ~ J . 1~ 7 ~ C ~ , O 1 ` ~ O W ' ~ ~ ¢ ~~ N e ~ a ~ O ~ V, ~~. Z W ~ ~ aN r ~ ~ O i a ~~N~> ~ ~ ' ~U~ZY C^ ~ O Q Q W NQ 'Nv a ~ Lil =Wz~uQi ^` ~~ \ ~ O y?~O J~aaU w a 'V~i~1fItl3B 3M1 Y'J~tl3YlY A1H361~/ONY1tlbMd t ~ - .~