19940899 Ver 1_COMPLETE FILE_19941127

- r State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary, A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Sanford Corbell
P.O. Box 237
Kitty Hawk, N.C. 27949
Dear Mr. Corbell:
FILE COPT
You have our approval to place fill material in 878 square feet of wetlands or waters for the
purpose of bulkhead installation and basin fill at Lot 4, Kitty Hawk Landing, as you described in your
application dated 19 September 1994. After reviewing your application, we have decided that this fill
is covered by General Water Quality Certification Number 2665. This certification allows you to use
Nationwide Permit Number 13 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes "the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
0' P stop Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
John Parker; DCM
94899.1tr
ED EHNFi
October 24, 1994
Dare County
DEM Project # 94899
COE # 199404691
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

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Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
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September 13, 1994
MEMORANDUM
TO:
FROM:
SUBJECT:
Mr. A. Preston Howard, Director
Division of Environmental Management
John R. Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
i$ .
,
Applicant: Sanford Corbell
Project Location: West side of Ivy Lane, Kitty Hawk Landing Subdivision, Kitty Hawk,
Dare County, Albemarle Sound
Proposed Project: To construct a 21 foot long wooden bulkhead across the mouth of an
existing 18' x 45' boat basin and fill the basin.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 4, 1994. If you have any questions regarding the proposed
project, please contact Ed Harrell at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY V 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
attached comments.
i
Signed
t
to the project for reasons described in the
Date ib I ( 7
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1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
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To: John Dorne
Planning Branch ?1 Q I
• DIVISION OF ENVIRONMENTAL MANAGEMENT
'L CAMA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # AT ^ c WQ SUPERVISOR: THQRP]k
REVIEWER: SAWYER DATE: /O
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING nn
PERMIT YR: 92 W/-:-
PROJECT COUNTY: dl_-P
PROJECT NAME:
0-0 TYPE: ?--PERMIT TYPE: a ?E
COE #: DOT #:
RCD FROM CDA: ® DATE FROM CDA: Y ??(T
REG OFFICE: WaRO RIVER AND us #: iVS
STREAM OR ADJACENT WATER BODY:0.4' . e Im•---
?I as : Sa STREAM mEx #: 36
OP OR CLOSED:
WL IMPACT: Al WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: TING SHEET ATTACHED?
RECOMMENDATION: ISSUE ISSUE/COND DENY HOLD
STORMWATER PLAN REQ'D: IF S, DATE APPPOYEID:
PROJECT DERCRIPTION:
V ' _
WATER QUALITY CERT. (401)
CERT. REQ' D :
IF YES, TYPE. ?0 '-
SEWAGE DISPOSAL D
TYPE OF DISPOSAL PROPOSED: A/DY-p
r
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER : g ? Ir I -
AREA ..
rV
IS FILL ELIMINATING A SIGNIFI4? USE? /V
DREDGING
AREA TO BE DREDGED : /4101-
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA ??
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office

RECOMMENDED CONDITIONS OR PERKIT RESTRICTIONS
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DIVISION OF ENVIR NMI TAx MANAGEMENT
MEMORANDUM
TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews on Hold for Stormwater Review
Project: 1gxYAt
/
Project No.:
Date Received:
F ad Date Comment: I A
Description of Project:
Comments:
I
• DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 5, 1994
Regulatory Branch
Action ID No. 199404691
Mr. John Dorney
Division of Environmental Managements or
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of Mr. Sanford Corbell for Department of the
Army authorization and a State Water Quality Certification to construct a
bulkhead and fill a basin on Albemarle Sound, Lot No. 4, Kitty Hawk Landing,
Kitty Hawk, Dare County, North Carolina. Your receipt of this letter verifies
your acceptance of a valid request for certification in accordance with
Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by December 5, 1994, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Mickey Sugg, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
. e Wrig
hief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker Mr. David Griffin
Division of Coastal Management Elizabeth City Regional Office
North Carolina Department of North Carolina Division
Environment, Health and of Coastal Management
Natural Resources 1367 U.S. Highway 17 South
Post Office Box 27687 Elizabeth City, NC 27909
Raleigh, North Carolina 27611-7687
?SEP `,
0 1994
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT VlrpfERf ?Ui?jZ Rkg
PERMIT AND WATER QUALITY CERTIFICATION—
The
Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that SANFORD
CORBELL of Dare County, filed an application on September 2, 1994, for a permit from
the Division of Coastal Management to develop in an Area of Environmental Concern and
for certification from the Division of Environmental Management that a discharge of fill
material in project wetlands will not violate applicable water quality standards.
According to said application SANFORD CORBELL proposes to construct a 21 foot
long wooden bulkhead across the mouth of an existing 18' x 45' boat basin and fill the basin
located at 4040 Ivy Lane in Kitty Hawk, Dare County adjacent Albemarle Sound.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of M. Edward Harrell, Division of Coastal Management, located at 1367
US 17 South, Elizabeth City, N.C., 919/264-3901, and/or the office of Deborah Sawyer,
Division of Environmental Management, DEHNR Regional Field Office, Washington, N.C.,
919/946-6481.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before October 13, 1994. The issuance of the CAMA Major
Development permit and the Section 401 Certification may deviate from this projected date
depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N. C., 27611, prior to
October 8, 1994 for consideration in the CAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
October 3, 1994 for consideration in the water quality certification decision. Later comments
on the CAMA application will be accepted and considered up to the time of permit decision.
Project modifications may occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter will be provided upon request.
PUBLISHED ON: SUNDAY, SEPTEMBER 18, 1994
e
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Sanford Corbell
2. LOCATION OF PROJECT SITE: West side of Ivy Lane, Kitty Hawk Landing Subdivision, Kitty
Hawk, Dare County, Albemarle Sound
Photo Index - 1989: 44-111-18 1984: 137-494 Q-23
State Plane Coordinates - X: 2964500 Y: 856700
3. INVESTIGATION TYPE: CAMA/D&F
SFP 2 6 1994
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/14/94
Was Applicant Present -Yes , _WETLANDSGR", 11P
5. PROCESSING PROCEDURE: Application Received - September 2, 1994
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Kitty Hawk
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - Boat basin, wooden bulkhead
Planned - 21' long wooden bulkhead
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow Water Habitat
(C) Other
878 square feet
(D) Total Area Disturbed: 878 square feet (.02 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: Yes
8. PROJECT SUMMARY: Applicant proposes to construct a 21 foot long wooden bulkhead across the
mouth of an existing 18' x 45' boat basin and fill the basin located at 4040 Ivy Lane in Kitty Hawk,
Dare County adjacent Albemarle Sound. ,
Sanford Corbell
Bio Report
Page Two
Setting
The applicant owns a 100' x 112' undeveloped lot on the west side of Ivy Lane within
the Kitty Hawk Landing Subdivision in Kitty Hawk, Dare County. The subdivision lies at
the western end of Kitty Hawk Road and is served by a system of man-made canals
excavated under authorization granted by State Dredge and Fill Permit #706-72. Avery
Pond, the largest of the man-made canals, fronts the applicants lot and has a bottom contour
ranging from -4' NWIL to -6' NWL. Avery Pond connects directly to Albemarle Sound, the
waters of which are classified SB by the N.C. Division of Environmental Management.
When the lot was purchased by the applicant in 1977, a 21' x 45' bulkheaded boat
basin had been created meat the center of the lot. Over the basin was a boathouse with full
sides which has since been `removed. The 111 feet of bulkhead around the basin has
deteriorated such that the middle section of each side leans waterward creating an hourglass
configuration. Silt has accumulated within the basin such that water depths inside the basin
average approximately 1.5 feet. Small amounts of milfoil Achilles millefolium) exist inside
the basin. New wooden bulkheading to the north and south of the basin was recently
constructed cinder CAMA General Permit #12652A, issued May 11, 1994. The applicants
lot is approximately 4 feet above MSL and is vegetated with volunteer grasses similar to the
established lawns on each side.
Proposal
The applicant proposes to construct a 21 foot long wooden bulkhead across the mouth
of the 45 foot long basin and fill the basin with trucked-in sand.
Anticipated Impacts
Approximately 878 square feet of Shallow Water Habitat will be lost as a result of the
filling of the basin.
CAMA Review
Local Land Use flan review will be submitted under separate cover by Steve Gabriel.
Submitted by: M. Edward Harrell
Date: September 13, 1994
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stonnwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name ;?!4- M 7=r) x?
Address.
If you plan to build a marina, also complete and
attach Form DCM-MP-2. Sip 2 ,94
b. Is the proposed activity maintenance of an
existing project, new work, or both? rl ,N,r
c. Will the project be for community, private, or
commercial use? _
R. i 0 4-
City ( State %') .C' . d.
Zip Day phone /, - ?-- 3 0 --l
tl?_ Landowner or Authorized agent
b. Project name (if any) _ (' a R R L
c. If the applicant is not the landowner, also give the
owner's name and address.
K L rn rs?-l R c L 7-
?1
Is1-2? re , ks???
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
mac{.Q
b. City, town, community, or landmark
S / ?v
c. County-(=QA -
d. Is proposed work within city limits or planning
jurisdiction? 61 3
e. Name of body of water nearest p j t
--'
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
jor pier). ?
Describe the planned use of the project.
Ed- 5`E? Ki In T' i o Qr??w?
. '?) 1 !1a E N Ci 6' yJ -C,
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract _ e O O r
b. Size of individual lot(s)
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
'-/ = u
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract A-I4w to r { _
&2_z9- S S f S
f. Man-made features now on tract $a -i
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
'Conservation Transitional
- Developed Community
_ Rural Other
h. How is the tract zoned by local government?
0f S,, e::) tc'i211
i. How are adjacent waters classified?
75-19-
j. Has a professional archaeological survey been
carried out for the tract? K ) r'1 If so, by whom?
3/91
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed k -R-
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.) N/
d. Size of area to be graded or disturbed
,N I -A-
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.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? N / fie-
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
N 144,
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
NG fli- ?
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/ A-
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
-o
m. Water supply source 10 34--
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? M / A-
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
fMl?V or (NWL)
Coat basin
Other (bme
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
NIHW
Length Width Depth
j. Have these facilities received state or local approval? Upland fill
G1f areas
k. Describe existing treatment facilities.
U 1 -?4,
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). 01 A-
b. Amount of material to be excavated from below
water level in cubic yards N j--
c. Type of material ? I A--
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
"/ t4
2 3/91
Name bfNN tt (- IU A NS
Address e416C7 ivy k#," C-
& glM tbtL2 L 1-? . Q ,? .2 29 SO
9 CERTIFICATION AND PERM1t§10N
TO ENTEh ON LAND
Name ],-- - %-J V. 6% f,4-2.D Any permit issued in response to this application will
Address m,3-17=v allow only the development described in the application.
C ti 7J The project will be subject to conditions and restrictions
contained in the permit.
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
' J!2 7 000 o 5'0
GP L2 A Ll "RXL-(-
A check for $250 made payable to the Department of
Environment , Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. it 3A- I to 10).
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
p.oved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further 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
project.
This is the-) t day of
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Planning Branch s;
• DIVISION OF ENVIRONMENTAL MANAGEMENT _
CAHA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # /Z14`65 % -e- WQ SUPERVISOR: THO
REVIEWER: SAWYER DATE: ???
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 P T NO.:
PROJECT NAME : M"-f &.,. •a A6-
0 &"d q
PROJECT TYPE:9'
e'A? 4o Se - •A•.IA?RI"QT TYPE:
COE #: DOT #:
RCD FROM CDA: kzm? DATE FROM CDA:
REG OFFICE: WaRO RIVER AND SUB BASIN
STREAM O ADJACENT WATER BODY: .a INDEX
0 N R CLOS
WL IMPACT: WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: TING SHEET ATTACHED?
RECOMMENDATION: ISSUE ISS?UE./CONDD DENY
7e UV
---,?j;PSTORMWATER PLAN REQ' D : IF YES, DATE
PROJECT DESCRIPTION•
COUNTY:
'K?m?nE

#: 3v - z 2.
HOLD
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APPROVED:

WATER QUALM CERT. (401)
CERT. REQ'D:
IF YES, TYPE:
SEWAGE DISPOSAL
TYPE OF DISPOSAL P OSED:
(I? PROPOSED, C . )
TO BE PERMITTED BY:
(DEM, DHS,
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: `-o WETLAND: -- O
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
AREA TO BE DREDGED: A/&-y
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? IVR-
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
1
L MANAGEMENT
DIVISION OF ENV 0 NT
MEMORANDUM
TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews on Hold for Stormwater Review
Project: /kl C/Z CLaA..4 ,
Project No.:
DFFatt?eff Receive
a? Date Comment: Lo
Description of Project:
y ?.2cJt?1L?c> peoo-
15 co
Comments:

DIVISION OF COASTAL MANAGEMENT `U11 1 ; a
FIELD INVESTIGATION REPORT U','f - 61994
1. APPLICANT'S NAME: Jerry E. McManus; Waves Soundside, Inc. ?„WETLiV"
2. LOCATION OF PROJECT SITE: Off NC 12 across from Wimble Shores North Drive in Waves,
Dare County and on Pamlico Sound
Photo Index - 1989: 203-7; J-17 1984: 143-403; J, K-9
State Plane Coordinates - X: 3049100 Y: 682300
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/13/94
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - September 21, 1994
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation/Transitional
(B) AEC(s) Involved: ES, CW, PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic tank and drainfield and low pressure system for
restaurant
Planned -
(F) Type of Structures: Existing - Restaurant with parking and damaged mobile home
Planned - Commercial windsurfing building, parking, and pier
(G) Estimated Annual Rate of Erosion: 2 feet
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED nTHF.R
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands Shaded
Shallow Water Bottom 2,000 square feet
(C) Other Graded
Uplands 9,450 square feet
(D) Total Area Disturbed: 9,450 square feet (0.22 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: Applicant proposes to construct a 300 ft. x 6 ft. pier with 10 ft. x 20 ft. T
end, and a 24 ft. x 24 ft. commercial building with associated parking for a windsurfing business.
Jerry E. McManus; Waves Soundside, Inc.
Bio Report
Page Two
Site Description
The applicant currently owns a 1.63 acre tract on Pamlico Sound off NC 12 in Waves,
Dare County. Currently on the tract is Emily's Soundside Restaurant and associated asphalt
parking located on NC 12. Immediately west of the restaurant is a low pressure water
treatment system. Near the sound on the north side of the property is a single wide mobile
home and associated septic system. The mobile home has been damaged by recent storms
and is not inhabitable. For the past few years a windsurfing and sailboat rental operation has
been run off the Harvey Pettit property immediately south of the McManus tract.
Vegetation on the property consists of mostly upland grasses (Bermuda) and goldenrod
(Solids o p,). The Pamlico Sound shoreline consists of a 30 foot wide sandy beach with a
sparsely vegetated area of salt marsh cordgrass S artina alternaflora) and one small area of
salt meadow hay (SSpartina patens along the northern half of the property. The shallow
waters of Pamlico Sound are classified as SA and open to shellfish. There are some areas of
submerged aquatic vegetation (SAV) just offshore. Water depths each 3 to 4 feet at 250 feet
offshore. There is a 260 ft. x 6 ft. pier approximately 800 feet north of the applicant's
property.
The applicant proposes to develop the waterfront into a retail windsurfing business with
a 300 ft. x 6 ft. pier with a 10 ft. x 20 ft. "T" end, 35 feet off the northern property line.
Nine boat slips are proposed on either side of the pier. The pier will be connected to the
proposed 24 ft. x 24 ft. retail building by a 6 foot wide wooden walkway and handicap
access ramp. The retail building will be located near the existing mobile home within 50 feet
of the normal water line and will utilize the existing septic drainfield. Two rock drives and
11 parking spaces are proposed south of the retail building to provide access for patrons.
The use areas on the plat are undeveloped staging areas for windsurfers. The proposed use
of the pier is for sightseeing and restaurant patrons arriving by boat. The existing restaurant
will also be modified to include a retail shopping area.
Anticipated Impacts
The proposed pier will shad approximately 2,000 square feet of shallow water bottom
including SAV habitat and possibly some coastal marsh. Upland construction will disturb
9,450 square feet. The proposed retail building, rock drive, and parking will cover 29.5%
of the upland within the 75 feet estuarine shoreline AEC. Proper erosion control measures
will need to be under taken to contain sediment from the disturbed areas. Heavy use of the
beach area by windsurfers will likely have some impact on the sparsely vegetated coastal
marsh.
Jerry E. McManus; Waves Soundside, Inc.
Bio Report
Page Three
LAMA Review
The project area is classified as conservation and transitional in the Dare County Land
Use Plan. A full consistency review by Steve Gabriel will follow.
Submitted by: Peter B. Colwell
Date: September 22, 1994
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name Ray Meekins
Address Post Office Box 284
City Manteo
State NC
Zip 27954 Dayphone [phone].
Landowner or x Authorized agent
b. Project name (if any) Waves Soundside, Inc.
c. If the applicant is not the landowner, also give the
owner's name and address.
Jerry E. McManus
10321 South Old Oregon Inlet Road
Nags Head, NC 27959
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
N. C. 12
b. City, town, community, or landmark
Waves
c. County
Dare
d. Is proposed work within city limits or planning
jurisdiction? Yes, Dare County
e. Name of body of water nearest project
Pamlico Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Construction of a 61x300' wooden
pier with 101x20' tee at end; construction
of 241x24' building; construction of rock
drive and parking area.
RECENT"
If you plan to build a marina, also complete awd?
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing.pro ect, new work, or both?
all activity listed in (a) is new; there are
also plans to renovate existing restaurant.
c. Will the project be for community, private, or
commercial use?
Commercial
d. Describe the planned use of the project.
The existing restaurant will be modified to
include retail area; the new 241x24' building
will be for a windsurfing retail business; the
pier will be for sightseeing and patrons of
the other businesses who might wish to arrive
by boat.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract ± 70,785 square feet.
b. Size of individual lot(s) NA
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
± 4.5'
d. Soil type(s) and texture(s) of tract
sandv
e. Vegetation on tract
Grasses
f. Man-made features now on tract Asphalt parking lot,
restaurant, and drain field
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural x Other
Limited transition
h. How is the tract zoned by local government?
S-1
i. How are adjacent waters classified?
SA
Has a professional archaeological survey been
carved out for the tract? No If so, by whom?
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}VDU
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed 2
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.) NA
d. Size of area to be graded or disturbed
9,450 square feet
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.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? NA
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
sur
face such as pavement, buildings, rooftops.
2. 51'
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Marl
h
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
NA
j. Have these facilities received state or local approval?
In the process
k. Describe existing treatment facilities.
Conventional drainfield for Windsurfing
building, and low pressure system for
restaurant.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). Surface runoff
51L_7,94_
m. Water supply source Private will
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
NA
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? NA
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7). NA
Access channel
(MLW) or (NWL)
Length Width Depth
Boat basin
Other (break-
water pier
boat ramp,
rock jetty)
3rVff 1 60
t
Fill placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards NA
c. Type of material NA
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
NA
e. High ground excavation, in cubic yards
If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? NA
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RECEW-0
f. Dimensions of spoil disposal area
NA
g. Location of spoil disposal area
Do you claim title to the disposal area? NA
If not, attach a letter granting permission from the
owner.
Will a disposal area be available for future
maintenance? NA
If so, where?
c. Shoreline erosion during preceding 12 months, in
feet 2' SEP-7 '04
d. Type of bulkhead material NA
wMa.& •v
e. Amount of fill, in cubic yards, to be placed below
mean high water NA
f. Type of fill material
NA
8 ADDITIONAL INFORMATION
j. Does the disposal area include any marshland,
swamps, or water areas? In addition to the completed application form, the follow-
NA ing items must be submitted:
k. Will the fill material be placed below mean high
water? NA
1. Amount of fill in cubic yards
in. Type of fill material NA
n. Source of fill material NA
NA
Will fill material be placed on marsh or other
wetlands? NA
p. Dimensions of the Ttland to be filled
NA
q. How will excavated or fill material be kept on site
and erosion controlled?
NA
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
NA
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
NA
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
NA
Average distance waterward of mean high water or
normal water level NA
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. 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 work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 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 18 high
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
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
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Name Ms. Amy G. Midgett
Address Post Office Box 41822 9 CERTIFICATION AND PERMISSWOY ,94
t. Petersburg, 3 TO ENTER ON LAND
Name Mr. Harvey Pettit
Address 602 Fagan Drive
Fredericksburg, VA 22504
ow+
Any permit issued in response to this application %WM[1a*
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
petmittee, and issuing dates.
NA
A check for $250 made payable to the Department of
Environment , Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further 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
project.
This is the day of 11'7-641 19
Landowner or Adthorized agent
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