HomeMy WebLinkAbout20080704 Ver 1_CAMA Application_20080416~~c
0 g-0704
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Ms. Cyndi Karoly
Env. Biological Supervisor
Division of Water Quality, Wetlands Unit
FROM: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 15 Apri12008
SUBJECT: CAMA Application Review
APPLICANT: WAG, LLC Mr. Gregory C. Gibbs
Respond to Doug Huggett
Morehead City Office
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PROJECT LOCATION: Located off SR 1110 adjacent the Lake Landing canal (Grays Ditch) off
Wysocking Bay/Pamlico Sound in the community of Nebraska in Hyde County near Engelhard,
North Carolina.
PROPOSED PROJECT: Applicant proposes to stabilize the shoreline by installing 1,555' of
bulkhead, as well as excavate a 3.2 acre pond and construct a subdivision road to service 24
residential lots.
Please indicate below your position or viewpoint on the proposed project and return this form by 6 May
2008. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed
project. When appropriate, in depth comments with supporting data are requested.
REPLY
Signed
Date
N~on~et-Carolina
~vatura!!y
This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 25246.6481 1 FAX: 252-948-0478 1 Internet: www.nccoastalmanaygernentnet/
An Equal Opportunity 1 Atrumative Adios Empbyer -5096 Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Wag, LLC for Gregory Gibbs
2. LOCATION OF PROJECT SITE: The project site is located off SR 1110 adjacent the Lake Landing
canal (Grays Ditch)off Wysocking Bay/Pamlico Sound in the community of Nebraska in Hyde County
near Engelhard, North Carolina.
Photo Index - 2006: N/A; 2000: N/A; 1995: N/A
State Plane Coordinates - X: 2,678,200 Y: 617,500 GPS Rover File #U102408B
Middletown Quad. (Upper right corner)
3. INVESTIGATION TYPE: CAMA & D/F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/8/08
Was Applicant Present - NO
5. PROCESSING PROCEDURE: Application Received - 8 Apri12008
Office -Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Hyde County
Land Classification From LUP -Community (Uplands) Conservation (Water, Wetlands)
(B) AEC(s) Involved: EW, PTA, CS
(C) Water Dependent: YES
(D) Intended Use: Private residential
(E) Wastewater Treatment: Existing - N/A
Planned -Individual Septic
(F) Type of Structures: Existing -None
Planned -Bulkhead and subdivision road
(G) Estimated Annual Rate of Erosion: Less than 2' as reported by applicant.
Source -Applicant
7. HABITAT DESCRIPTION: (AREA]
DREDGED FILLED OTHERR
(A) Vegetated Wetlands
(B)Non-Vegetated Wetlands ~3,108ftZ
Canal bottom
(C) Other ±139,392 ft2 or ±797,148 ft2 or
Uplands 3.2 acre pond X18.3 acres
(D) Total Area Disturbed: 21.5 acres (f936,540ftz)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: NO
8. PROJECT SUMMARY: The applicant proposes to stabilize the shoreline by installing 1,555' of
bulkhead, as well as excavate a 3.2 acre pond and construct a subdivision road to service 24 residential
lots.
WAG, LLC C/O Gregory C. Gibbs
Wysocking Bay Subdivision -Phase II
Hyde County
Project Setting
The 21.5-acre project site is located near the community of Nebraska off SR 1110
adjacent Lake Landing canal (Greys Ditch) off Wysocking Bay/Pamlico Sound in Hyde
County, North Carolina. The site is former ag land that has been out of production for
several years. Elevation of the tract is ±4' above the normal water level (NWL).
Vegetation consists of opportunistic grasses including fescue, dog fennel, golden rod and
phragmities. There are no Coastal Wetlands along the shoreline other than a scattered
opportunistic clump. An area ±75' wide x 1,555' long adjacent Lake Landing canal has
been used for spoil deposition during maintenance excavation activities. The
maintenance excavation activities were undertaken by a previous landowner and were
authorized by Major CAMA/Dredge and Fill Permit No. 27-97. The latest of the spoil
deposition activities was undertaken in 1999 and has resulted in higher ground elevations
along the canal. Drainage is away from the canal to the center of the property. The ag
field is bisected by three ditches that come together to a basin and drainage pump
adjacent the canal at the lower end of the property.
Lake Landing Canal (Grays Ditch) is classified as SC by the Environmental
Management Commission and as Coastal Waters by the Marine Fisheries Commission.
Lake Landing Canal is also designated as a Primary Nursurey Area by the Division of
Marine Fisheries.
Project Description
The applicant proposes to subdivide the 21.5 acre field into 24 residential lots,
construct a subdivision road and cul-du-sac and excavate a 3.2 acre pond. Fill material
from the pond excavation will be spread on the surrounding lots to raise their elevation
and improve drainage. The applicant also proposes to stabilize the shoreline with 1,555'
of bulkhead. The bulkhead alignment will average 2' below the normal water level
(NWL).
Anticipated Impacts
The filling and grading activities will result in the disturbance of 21.5 acres of
uplands. Construction of the bulkhead will result in some localized short-term turbidity.
WAG, LLC
Gregory C. Gibbs
PO Box 278
35126 US Hwy 264
Engelhard, NC 27824
252.925.8200 Phone
252.925,8300 Fax
March 7, 2008
Wysocking Bay, LLC
1703 Harbour View Drive
Kill Devil Hills, NC 27948
Re: Wysocking Bay Subdivision -Phase 2
CAMA Major Permitting
Adjacent Riparian Property Owner Notification
Dear Sir or Madam:
This is a notification to you as an adjacent property of the WAG, LLC Property that is applying for a
Coastal Area Management Act (CAMA) Major Permit for Bulkhead Construction. All of the proposed
work is enclosed on the plan sheet. Your property is described as Lots #55, #35, #34, #11 and 10A, These
lots are located in the Wysocking Bay Subdivision -Phase 1.
If you have any objections to the project as currently proposed, please sign in the space below. If you have
any objections please check the appropriate space and indicate what your objections pertain to.
Please return one copy of this to:
Gregory C. Gibbs
WAG, LLC
PO Box 278
Engelhard, NC 27824
No response within 30 days of this notice will be interpreted as a no objection. You can also reach me at
252.925.8200, or within 30 days you can put your comments in writing and mail them to:
Terry Arloore
943 Washington Square Mall
Washington, NC 27889
Since ely,
-~~s
Gregory C. 'bbs
WAG, LLC
I have no objection to the shoreline stabilization as proposed.
I do have an objection to the proposed work.
Signature
Date
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McHr~enb~~.~tPemin
North Carolina DIVISION OF COASTAL MANAGEMENT
7. Primary Applicant/ Landowner Information
Business Name Project Name (if applicable)
Wag, LLC Wysocking Bay Subdivision -Phase 2
Applicant 1: First Name MI Last Name
Gregory C Gibbs
Applicant 2: First Name MI Last Name
N/A N/A N/A
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box City State
PO Box 278 278 Engelhard NC
ZIP Country Phone No. FAX No.
27824 USA 252 - 925 - 8200 ext. N/A 252 - 92 5 - 8300
Street Address (if different from above) City State ZIP
35126 US Hwy 264 Engelhard NC 27824-
Email
lakelanding@embargmail.com
2. Agent/Contractor Information
Business Name
N/A
Agent/ Contractor 1: First Name MI Last Name
NIA N/A N/A
Agent/ Contractor 2: First Name MI Last Name
N/A N/A N/A
Mailing Address PO Box City State
N/A N/A NIA N/A
ZIP Phone No. 1 Phone No. 2
N/A N/A - - ext. N/A N/A - - ext. N/A
FAX No. Contractor #
N/A N/A
Street Address (~f different from above) City State ZIP
NIA N/A N/A N/A -
Email
N/A
<Form continues on back>
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Form DCM MP-1 (Page 2 of 5)
APPLICATION for
Major Development Permit
3. Project Location
County (can be mukiple) Street Address State Rd. #
Hyde N/A SR 1110
Subdivision Name City State Zip
Wysocking Bay Subdivision -Phase 2 Engelhard NC 27824 -
Phone No. Lot No.(s) (if many, attach additional page with list)
252 - 925 - 8200 ext. N/A 1,2,3,4,5,6,7,8,9,10,11,12, ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Tar / Pamlico Lake Landing Canal off Wysocking Bay, which is a part of
the Pamlico Sound
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project ske.
^Natural ®Manmade ^Unknown Pamlico Sound
e. Is proposed work wthin city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limk the proposed
^Yes ®No work falls within.
None - N!A
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
1,554.74 Feet 21.5 Acre Tract
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
Please See Attached, NWL (normal water level)
(Ifmany lot sizes, please attach additional page with a list) +/- 5 Feet ®NHW or ^NWL
e. Vegetation on tract
Phragmites communis (Reed), Golden Rod, Dog Funel, Opportunistic Weedy Vegatation Showing in Former ,
C`/~
.
f. Man-made features and uses now on tract
Existing Drainage Ditches and Electric Drainage Pump
g. Identify and describe the existing land uses ad'acent to the proposed project site.
Residential Subdivision, Farm Land and Woods Land
h. How does local government zone the tract? i. Is the proposed project consistent wkh 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. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ^Yes ®No ^NA
If yes, by whom? N/A
i. Is the proposed project located in a National Registered Historic District or does k involve a ^Yes ®No ^NA
National Register listed or eligible property?
<Form continues on next page>
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)
^Yes ®No
^Yes ®No
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Form DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
n. Describe existing wastewater treatment faalRies.
None
o. Describe existing drinking water supply source.
Hyde County Municipal Water Supply
p. Describe existing storm water management or treatment systems.
None F~cisting
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.
Private Residential Subdivision -Lots #112 of 24 Total Lots in the Subdivision will be Waterfront Adjacent to the Lake
Landing Canal and are for Water Access. Lots #13-#24 are interior lots and are not on the Lake Landing Canal.
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.
BuAdozer, Excavator and Dump Trucks wil! be used to construct the Subdivision P.oad and Drainage Swalles.
d. List all development activities you propose.
Fill and Grade Lots and Construct Bulkhead. Build subdivision Road. Excavate Pond for Fill to Build up Lots #13-#24
e. Are the proposed activities maintenance of an existing project, new work, or both? New Work
f. What is the approximate total disturbed land area resulting from the proposed project? 21.5 ^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.
Surface Runoff
i. Will wastewater or stormwater be discharged into a wetland? ^Yes ®No ^NA
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.
<Form continues on back>
6. Additionallnformation
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 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.
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Form DCM MP-1 (Page 4 of 5)
APPLICATiGJ for
Major Development Permit
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 Raffael B. Farrow, Sr.
Phone No. 252.925.3041
Address 971 Great Ditch Road Engelhard, NC 27824
Name Wysocking Bay, LLC
Phone No. 252.441.9239
Address 1703 Harbour Vew Drive Kill Devil Hills, NC 27948
Name N/A
Phone No. N/A
Address N/A
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
NCDENR Division of Land Resources !Land Quality Section
Erosion and Sedimentation Control Plan No. Hyde-2006-004
NCDNR Division of Water Control
Storm Water Permit No. SW7050932
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 Enfer 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 -March 10, 2008 Print Na _Gregory C. Gibbs
Signature - S
Please indicate application attachments pertaining to your proposed project. r
®DCM MP-2 Excavation and Fill Information ^DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
^DCM MP-4 Structures Information
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Form DCM MP-1 (Page 5 of 5}
APPLICATION for
Major Development Permit
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4. Site Descriation
4a. Size of Individual Lots
Lot #1 .58 Acre
Lot #2 .59 Acre
Lot #3 .60 Acre
Lot #4 .60 Acre
Lot #5 .61 Acre
Lot #6 .62 Acre
Lot #7 .67 Acre
Lot #8 .57 Acre
Lot #9 .57 Acre
Lot # 10 .57 Acre
Lot # 11 .57 Acre
Lot # 12 .57 Acre
Form DCM MP-2
EXCAVAT101~1 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 liven in feet.
Access Other
Channel
(NLW or Canal Boat Basin Boat Ram
p Rock Groin Rock (excluding
Breakwater shoreline
NWL stabilization
Length
Width
Avg. Existing
Depth NA NA
IRinal Rroject
Depth NA NA
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. (i) Does the area to be excavated include coastalwetlands/marsh d. High-ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)7 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. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance?
^Yes ^No ^NA ^Yes ^No ^NA
(ii) If no, attach a letter granting permission from the owner, (ii} If yes, where?
e. (i) Does the disposal area incude 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 ^NA
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 pSAV ^s8
^WL ^None
(ii) Describe the purpose of disposal in these areas:
3..SHGRELINE STABILIZATION ^This section net applicable
(If development is a wood groin, use MP-4 -Structures)
a. Type of shoreline stabiliPatic~n: b. Length. 1 5 S 4 . 7 4 feet
®Bulkhead ^Riprap ^BreakwatedSill ^Other:
c. Average distance waterward of NHW or NWL:
2 feet
widtn: 2 inches
d. Maximum distance watenvard of NHW or NWL:
5 feet
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
Vinyl Sheet Pile or Wood months?
~jYes ^No ^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.
Bulkhead baekeil 1 9 2 0 f t R;prap
Breakwater/Sill n ~ a other n a
i, Source of fill material.
< 2 feet
h. Type of fill material.
Clay
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 placed in coastal wetlands/marsh {CW?.
If yes,
(li) 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:
I5. 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)?
Material to be sloped, graded and Backhoe,_ bulldozer and
seeded. Erosion control structures, dump truck.
c ec am an si ence ins a ed.
c, (i) Wili navigational aids be required as a result of the project? d. (i) will wetlands be crossed in transporting equipment to project
DYes ^No ®NA site? ^Yes [~No ^NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
FPbr ~ary_ 1 $~, 2008
Date
Wvsocking Bay Subdivision-Phase 2
Project Name
Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
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.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
None by Developer
c. Density (give the number of residential units and the units per
acre).
.8 /Acre
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land-disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
®Yes ^No ^NA
(ii) If yes, list the date submitted: Approved 6/22/07, See
Attached
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
None
b. Number of lots or parcels.
24 Lots (12 Canal Front, 12 Interior)
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
21.5 Acres
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Gravel Subdivision Road
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
®Yes ^No ^NA
i. Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
25%
Describe proposed method of sewage disposal.
On Site Septic
Describe location and type of proposed discharges to waters of the
state (e.g., surtace runoff, sanitary wastewater, industriaU
commercial effluent, "wash down" and residential discharges).
Surface Runoff
(ii) If yes, list the date submitted: Approved 6/28/07, See
Attached
k. Have the facilities described in Item (i) received state or local
approval?
®Yes ^No ^NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative Stormwater
design?
®Yes ^No ^NA
If yes, attach appropriate documentation.
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m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Hyde County
n. (i) Will water be Impounded? ^Yes ®No ^NA
(ii) if yes, how many acres?
o. When was the lot(s) platted and recorded?
Preliminary Plat Approved by Hyde Co. Board of
Commissioners on 2/04!08
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
®Yes ^No ^NA
2! 18/08
Date
Wysocking Bay Subdivision -Phase 2
Project Name
Gregory C. Gibbs
plican Name
•..
plican Signatu p
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