20010529 Ver 1_Complete File_20010316

:-

North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
July 18, 2001
CERTIFIED MAIL
Return Receipt Requested
North Carolina Department of Transportation
c/o Mr. Don R. Conner, PE
P.O. Box 850
Edenton, NC 27932
Dear Mr. Conner:
,IKV
NCDENR
?a
This letter is in response to your permit application request under the Coastal Area Management
Act (CAMA) and the State Dredge and Fill Law for extension of an existing ocean outfall pipe
located approximately 200' south of the Martin Street Public Beach access in Kill Devil Hills,
Dare County, North Carolina. Processing of the application, which was accepted as complete by
the North Carolina Division of Coastal Management's (RCM's) Elizabeth City office on March
5, 2001, is now complete. Based on the joint state and federal agency review; DCM has made
the following findings:
1) The proposed ocean outfall extension would start at the approximate Mean High
Water mark, extend 36' waterward into the Atlantic Ocean and require the installation
of a support system that would include eight 25' x 1' pilings with cross braces and
anchors.
2) The proposed project constitutes development under the Rules of the Coastal
Resources Commission (CRC).
3) The proposed ocean outfall extension is in an area classified by the Coastal Area
Management Act (CAMA) as an Ocean Hazard Area of Environmental Concern,
Estuarine Waters Area of Environmental Concern and Public Trust Area of
Environmental Concern.
4) The state and federal agency review of the proposed project was generally favorable.
However, the NC Division of Environmental Health submitted comments to DCM on
the proposed project dated March 27, 2001 (see attached). Within their comments,
Page 1 of 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER
-A
the NC Division of Environmental Health states the following: " ... Increasing the
drainage area of existing storm drains and extending storm drains into the intertidal
area or the ocean is not viewed as a favorable practice. Storm drains that have ocean
discharges such as Hanby Beach are considered a greater risk than storm drains that
discharge high on the beach near the dune line. Extending the Martin Street drain a
mere 36 feet into the ocean puts the discharge in the surf zone among swimmers and
allows incoming tides to quickly bring contaminated storm water up into the shallows
where small children play. Another problem with direct ocean discharge is that it is
not readily obvious to the public or water quality officials as to when the pipe is or is
not discharging.
A permanent swimming advisory will likely be required at the Martin Street storm
drain if the pipe is extended out to the ocean ...Having waters under permanent
advisory could lead to the listing of that section of Dare County Beach on 303d list of
impaired waters."
5) The U.S. Army Corps of Engineers issued a modified Nationwide Permit No. 7 on
March 12, 2001 (Action ID No. 200110452). Nationwide Permit No. 7 contains the
following state consistency condition that has not been satisfied: "If the proposed
activity is within the North Carolina Coastal Area, the applicant must receive written
concurrence from the North Carolina Division of Coastal Management (NCDCM)
that the activity is consistent with the North Carolina Coastal Management Program."
6) The proposed development is seaward of the first line of stable natural vegetation, and
is therefore within the oceanfront setback set out in the North Carolina Administrative
Code General Use Standards for Ocean Hazard Areas [T15A NCAC 07H'.0306(a)].
Ocean outfalls are not an approved exception under either the North Carolina
Administrative Code Specific Use Standards for Ocean Hazard Areas (T15A NCAC
07H.0308) or the North Carolina Administrative Code Use Standards for Ocean
Hazard Areas: Exceptions (T15A NCAC 07H.0309).
7) Installation of the existing discharge pipe occurred prior to the adoption of the Coastal
Area Management Act. In 1996, a CAMA Major Permit (#160-96) was issued to the
Department of Transportation to extend the same pipe 36' into the ocean in order to
prevent sand from accumulating and blocking drainage at the mouth of the outfall
pipe. This CAMA permit expired on December 31, 1999, and no work was
undertaken to make the approved changes. DCM determined during review of the
current permit application that CAMA permit number 160-96 was mistakenly issued
in conflict with requirements of the North Carolina Administrative Code.
8) The proposal is therefore determined to be inconsistent with T15A:07H.0306 of the
Rules of the Coastal Resources Commission (CRC). T15A:07H.0306 requires that all
development not otherwise specifically exempted or allowed by law or elsewhere in
Page 2 of 3

the CRC's rules shall be located according to the General Use Standards for Ocean
Hazard Areas.
Given the preceding findings, it is necessary that your request for a permit under the Coastal Area
Management Act be denied. This denial is made pursuant to N.C.G.S. 113A-120(a)(8), which
requires permit denial for projects inconsistent with the state guidelines for Areas of
Environmental Concern.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request
for a hearing must be in the form of a written petition, complying with the requirements of
§ 150B of the General Statutes of North Carolina, and must be filed with the office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, [phone],
within twenty (20) days from the receipt of this letter. A copy of this petition should be filed
with this office.
The Federal Coastal Zone Management Act (CZMA) gives you the right to appeal this finding to
the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal
must be based on the grounds that the proposed activity is (1) consistent with the objectives or
purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be
federally approved.
If you have any questions concerning this matter, please contact Mr. Doug Huggett, Major
Permits and Consistency Coordinator, at [phone], NC Division of Coastal Management,
1638 Mail Service Center, Raleigh, NC 27699-1638.
Sincerely,
Donna D. Moffitt
DM/cb
cc: Mr. Bud Ehler, Director
OCRM/NOAA
Silver Spring, MD
Colonel James W. DeLony
U.S. Army Corps of Engineers
Wilmington, NC
Page 3 of 3
fJUN. -25' 01(MON) 11:15 DEHNR COSTAL MGMT
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DOT Ocean OaN l #5 LAMA Permit Application.
TEL:[phone] P. 002
Subject: TOOT Ocean Outfall #5 CAMA Permit Application
Date: Tue, 19 Jun 2001 10:34:14 -0400
From: Cathy Brittingham <C,[e-mail]>
Organization: NC DENR DCM
To: John Hennessy <J0hn.Iiennessy0ncmail.net>
CC: Doug Huggett <Doug,Huggettftemail.net>, Lynn Mathis <[e-mail]>
Ni schn,
I have a question about DWQ's anti-degradation policy, and whether it
-or any other DWQ rules - would be violated by DOT's proposal for the
above referenced project, tdkin? into consideration Comments DCM
received from the NC Division of Enviranmental Health. See details
below.
ACM is currently processing a CAM permit Application from DOT for
extension of an existing ocean outfall pipe located approximately 200•
south of the Martin Street Public Beach access in Kill Devil Hills, Dare
County. DCM ie preparing a. CAMA permit denial on uhe basis that the
proposal is inconsistent with the rules of the Coaatal Resources
Commission because the CRCs rules do not provide a permit mechanism for
permanent structures seaward of the first line of stable natural
vegetation.
Prior to preparing a CAMA permit denial letter, DCM circulates the
permit application to other SL4te review agencies to identify any
additional concerns with the prapoaed project. Paz thin project, no
significant concerns were identified except for comments from the NC
Divlsion of Environmental health. I Will FAR you a copy of those
comments. Here is the aummary of the comments that T have included in
the draft CAMA. permit denial letter:
"Howevar, the NC Division of Environmental Health Submitted comments to
DCM on the proposed project elated March 27, 2001 (see attached).
Within their comments, the NC Division of Environmental, Health states
the following: ° - Increasing the drainage area of existing storm drains
and extending storm drains into the intertidal'area or the ocean is not
viewed as a favorable practice. Storm drains that have ocean discharges
such as Hanby Leach are considered a greater risk than storm drains that
discharge high on the beach near the dune line. Extenang the Martin
Street drain a mere 35 feet into the ocean puts the discharge in the
surf zone among swimmers and allows incoming tides to Quickly bring
contaminaCed storm water up into the shallows where small children
play. Another problem with direct ocean discharge is that it is not
readily obvious to the public or water quality officials ae to when the
pipe is or is not discharging.
A Permanent Swimming advisory will likely be required at the Martin
Street storm drain if the pipe is extended out to the ocean-having
waters under permanent advisory could lead to the listing of that
sention of Dare county Beach on 303d list of impaired waters."
Doug Huggett talked to Gina Brooks, NC Division of Environmental Health,
last week. Gina confirmed that if the ocean outfall is extended as
proposed, the We Division of Environmental Health would close the heath
to swimming 2D0 feet on either side of the ocean outfall_
DCX received a return shect signed, by ,Tohn Darney on 5/9!01 that stated
"no objection.' (IOWA Project No_ 01-0529). Was a 401 Certification
issued for this project? In order for the comments of the Division of
fvironmental Health to be a basis for permit denial, it would have to
constitute a violation of DWQ's water quality standards ar
enti-degradation standards, r think. Which brings me to my original
of 2
6119!01 10:34 AM
JUN. -15' 01(MON) 11:15 DEHNR COSTAL MGMT TEL:[phone] P. 003
DOT Ocean OWNI #5 LAMA Permix Applieatiim
f question: would D14Q,s anti-degradation policy -or any other DWQ rules -
be violated by DOT's proposal for the abova referanced project taking
into consideration comcnants DCM received from the NC Division of
Environmental Health?
Please let me know your comments ASAP, as DCM needs to finalize the
permit denial letter to DOT oft this project. Thanks.
Cathy Brittingham
Transpormation Project Coordinator
NC Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
[phone] x238 phone
(9191 733-1495 FAX
20r2 610/0110:34 AM
JUN. ,25' 01(MON) 11:15 DEHNR COSTAL MGMT TEL:[phone] P. 004
Y
March 27, 2001
MEMORANDUM:
To. Doug Huggett
From: JD Potts
Through: Gina Brooks),
Subject: Extension of Martin Street Storm Drain
In June of 1997, the North Carolina Shellfish Sanitation Section was given the
responsibility to monitor coastal recreational waters. The purpose of the program is to
protect public health by identifying waters that are unsafe for primary contact as a result
of bacteriological contamination. Our office is obligated to inform the public of
swimming areas that are contaminated or have the potential to become contaminated
because of runoff associated with storm events.
Since the beginning of the recreational water duality program, the NCDI?NR has
discouraged the use of storm drain discharges into pristine recreational beaches.
Increasing the drainage area of existing storm drains and extending storm drains into the
intertidal area or the ocean is not viewed as a favorable practice. Storm drains that have
ocean discharges such as Hanby Reach are considered a greater risk than storm drains
that discharge high on the beach near the dune line. Extending the Martin Street drain a
mere 36 feet into the ocean puts the discharge in the surf zone among swimmers and
allows incoming tides to quickly bring contaminated storm water up into the shallows
where small children play. Another problem with direct ocean discharge is that it is not
readily obvious to the public or water quality officials as to when the pipe is or is not
discharging.
A. permanent swimming advisory will likely be required at the Martin Street storm drain
if the pipe is extended out into the ocean. The advisory will involve the posting of three
signs on the beach. A sign will be posted two hundred feet on each side of the outtall
with one sign posted in the middle marking the outfall pipe. The sign with a no
swimming icon reads; ATTENTION, NO SWIMMING BETWEEN SIGNS, arrow
pointing, WATERS NfW DE CONTAMINATED BY STORM DRAIN WSCHARGE;
OFFICE OF THE STATE HEALTH WRECTOR.
Having waters under permanent advisory could lead tb the listing of that section of lure
County Beach on 303d list of impaired waters-
POT Oc?i Outfall #5 CAMA Permit Application
Subject: DOT Ocean Outfall #5 CAIVIA Permit Application
Date: Tue, 19 Jun 2001 10:34:14 -0400
From: Cathy Brittingham <[e-mail]>
Organization: NC DENR DCM
To: John Hennessy <[e-mail]>
CC: Doug Huggett <[e-mail]>, Lynn Mathis <[e-mail]>
Hi John,
I have a question about DWQ's anti-degradation policy, and whether it
-or any other DWQ rules - would be violated by DOT's proposal for the
above referenced project, taking into consideration comments DCM
received from the NC Division of Environmental Health. See details
below.
DCM is currently processing a CAMA Permit Application from DOT for
extension of an existing ocean outfall pipe located approximately 200'
south of the Martin Street Public Beach access in Kill Devil Hills, Dare
County. DCM is preparing a CAMA permit denial on the basis that the
proposal is inconsistent with the rules of the Coastal Resources
Commission because the CRC's rules do not provide a permit mechanism for
permanent structures seaward of the first line of stable natural
vegetation.
Prior to preparing a CAMA permit denial letter, DCM circulates the
permit application to other state review agencies to identify any
additional concerns with the proposed project. For this project, no
significant concerns were identified except for comments from the NC
Division of Environmental Health. I will FAX you a copy of those
comments. Here is the summary of the comments that I have included in
the draft CAMA permit denial letter:
"However, the NC Division of Environmental Health submitted comments to
DCM on the proposed project dated March 27, 2001 (see attached).
Within their comments, the NC Division of Environmental Health states
the following: " ... Increasing the drainage area of existing storm drains
and extending storm drains into the intertidal area or the ocean is not
viewed as a favorable practice. Storm drains that have ocean discharges
such as Hanby Beach are considered a greater risk than storm drains that
discharge high on the beach near the dune line. Extending the Martin
Street drain a mere 36 feet into the ocean puts the discharge in the
surf zone among swimmers and allows incoming tides to quickly bring
contaminated storm water up into the shallows where small children
play. Another problem with direct ocean discharge is that it is not
readily obvious to the public or water quality officials as to when the
pipe is or is not discharging.
A permanent swimming advisory will likely be required at the Martin
Street storm drain if the pipe is extended out to the ocean ...Having
waters under permanent advisory could lead to the listing of that
section of Dare County Beach on 303d list of impaired waters."
Doug Huggett talked to Gina Brooks, NC Division of Environmental Health,
last week. Gina confirmed that if the ocean outfall is extended as
proposed, the NC Division of Environmental Health would close the beach
to swimming 200 feet on either side of the ocean outfall.
DCM received a return sheet signed by John Dorney on 5/9/01 that stated
"no objection." (DWQ Project No. 01-0529). Was a 401 Certification
issued for this project? In order for the comments of the Division of
Environmental Health to be a basis for permit denial, it would have to
constitute a violation of DWQ's water quality standards or
anti-degradation standards, I think. Which brings me to my original
1 of 2 6/22/01 12:52 PlV
DOT Ocei Outfall #5 CAMA Permit Application
question: would DWQ's anti-degradation policy -or any other DWQ rules -
be violated by DOT's proposal for the above referenced project taking
into consideration comments DCM received from the NC Division of
Environmental Health?
Please let me know your comments ASAP, as DCM needs to finalize the
permit denial letter to DOT on this project. Thanks.
Cathy Brittingham
Transportation Project Coordinator
NC Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
[phone] X238 phone
[phone] FAX
2 of 2 6/22/01 12:52 PM
GPS ROV File: D020718A
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: North Carolina Department of Transportation
2. LOCATION OF PROJECT SITE: The project site is situated along the beach in Kill Devil Hills, approximately
200' south of the Martin Street Public Beach Access.
Photo Index - 1995:185-1932 T14, U14 & V14 1989: 142-36 P15,Q15 & R15 1984: 138-450 C15, D15 & E15
State Plane Coordinates - X: 2989800 Y: 840400
INVESTIGATION TYPE: CAMA Dredge/ Fill
4. INVESTIGATIVE PROCEDURE: Date of Site Visit - February 14, 2001
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete -March 5, 2001
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Kill Devil Hills
Land Classification From LUP - Conservation and Developed
(B) AEC(s) Involved: Ocean Erodible
(C) Water Dependent: No
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned -.N/A
(F) Type of Structures: Existing - Ocean Outfall pipe and support for stormwater discharge
. Planned - 36' x 27" Concrete Pipe Extension.
(G) Estimated Annual Rate of Erosion: 2'
Source -NCDCM Erosion Rate Map
7. HABITAT DESCRIPTION: [AREA]
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other: Water Bottom
144 sf
(D) Total Area Disturbed: 1,44 sf (.003 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB
8. PROJECT SUMMARY: The applicant, NCDOT, proposes to add a 36' x 27" concrete pipe extension to
an existing ocean outfall pipe. The proposed addition will start at approximate Mean High Water Mark,
extend 36' waterward into the Atlantic Ocean and require the installation of a support system that will
include eight 25' x 12" piling with cross braces and anchors.
NCDOT
Field Report
Page 2
PROJECT SETTING
The project site is located approximately 300' south of the Martin Street Public Access in the
Town of Kill Devil Hills, on the ocean beach. Located within the project area is an existing outfall
pipe, installed under the beach, terminating at approximate Mean High Water (MHW). The pipe
system was constructed to handle stormwater runoff from NC 12 (Croatan Hwy) and a number of side
streets within the Town, discharging the runoff into the Atlantic Ocean. A sign located adjacent to
the outfall warns the public of the outfalls location. During low tide the beach profile at the outfall
drops approximately three feet forming a gully in the beach profile, which tapers off in the intertidal
zone (See Enclosed Photographs).
The project area is located within the public beach adjacent to a developed area. Land use
adjacent to the project site is for seasonal rental cottages. The dune system adjacent to the project site
is a sparsely vegetated frontal dune.
Inspection of our files indicates that the installation of the existing discharge pipe occurred
prior to the adoption of the Coastal Area Management Act. However, in 1996, a CAMA Major
Permit (#160-96) was issued to the Department of Transportation to extend the pipe 36'into the ocean
in order to prevent sand from accumulating and blocking drainage at the mouth of the outfall pipe.
The permit expired in December of 1999, and no work was undertaken to make the approved
changes.
The Division of Environmental Management's water quality classification for the waters of the
Atlantic Ocean, contiguous to that portion of the Pasquotank River Basin that extend from the North
Carolina-Virginia State Line to the northeast tip of Ocracoke Island, is SC (fish propagation). Review
of available information suggests that there are no known archeological sites or unique geological
formations associated with the immediate area where the outfall is located.
PROJECT DESCRIPTION
NCDOT proposes to add a 36' x 27" concrete pipe extension onto an existing ocean outfall located in
the Town of Kill Devils Hills. The placement of the pipe will require the installation of a cradle
support system consisting of eight 25' x 12" salt treated piling jetted into the water bottom with cross
supports to carry the 36' concrete pipe. The pipe addition is designed to slide into the existing
receiving pipe, once in place the pipe will be anchored to the support system.
ANTICIPATED EWPACTS
Minor movement of sand may be required to clean around the receiving pipe. The exact are is
undetermined. Disturbance in this area is anticipated to be temporary.
The support system will involve an area 4' x 36', resulting in approximately 144 sf of
disturbance in Public Trust Water.
NCDOT
Field Report
Page 2
Temporary turbidity is anticipated with the installation of the support system.
The information submitted does not indicate that there will be any markers on the support
structure to warn the public of the pipe in the ocean, and may pose a safety hazard.
CAMA Review
The District Planner, John Thayer, will submit the Land Use Plan consistency review under a separate
cover.
Submitted: Lynn W. Mathis
Date: March 5, 2001
dµ SU1Fa'
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
DAVID McCOY
SECRETARY
February 1, 2001
Lynn Mathis, Field Representative
Division of Coastal Management
1367 U.S. Hwy 17 South
Elizabeth City, NC 27909
Subject: CAMA Major Development Permit Reauthorization for the Proposed
Lengthening of Ocean Outfall # 5 at Mile Post 9.1 in Kill Devil Hills, Dare County
Dear Ms. Mathis,
The Department of Transportation is proposing to lengthen the existing ocean
(stormwater) outfall located south of Martin Street at Mile Post 9.1 in Kill Devil Hills.
Since the work proposed would result in an expansion of the footprint of an existing
structure in Public Trust Waters, a CAMA Major Development Permit is being
submitted. The work described in the enclosed application and drawing provides for a
36-foot extension of the existing structure.
The NC DOT is proposing to Division of Coastal Management that this project be
reauthorized under the Coastal Area Management as a major permit (permit expired
12/31/99, Permit Number 160-96). I have attached CAMA Major Development Permit
application forms (MP-1 and MP-4), as well as a vicinity map and a sketch of the
proposed work. Adjacent Riparian Property Owners have been notified and copies of the
letters and forms are also enclosed. A check for $400.00 is being processed for payment
to DEHNR to cover the required application fee. If you have any questions regarding this
project please contact me immediately.
Sincerely,
Don Conner, PE
Division Engineer-Division One

Kristen Shacochis
Division Environmental Officer
P.O. Box 850, Edenton, NC 27932 -Phone: [phone] Fax: [phone]
. Form DCM-MP-1
V
APPLICATION r.. .
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Kill Devil Hills
a. Landowner:
c. Street address or secondary road number
N.C. 12 milepost 9.1 near Martin Street
Name N. C. Department of Transportation
Address P.O. Box 850
City Edenton State N.C.
Zip 27932 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name D. R. Conner. PE
Address P.O. Box 850
City Edenton State N.C.
Zip 27932 Day Phone [phone]
Fax
c. Project name (if any) Outfall #5
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
d. Is proposed work within city limits or planning
jurisdiction? x Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Atlantic Ocean
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Extend existing outfall #5 36 linear feet. Cradle
will be installed with treated timber anchor unit
members. Work involves sinking 12" diameter
piles in sand and building cradle to support
concrete pipe _joints.
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will the project be for public, private or commercial
use? public stormwater collection
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages.
See 3.a. above.
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract N/A; linear
b. Size of individual lot(s) N/A
c. Approximate elevation of tract. above MHW or
NWL+/- 2.0 feet above MHW
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract none
f. Man-made features now on tract Existing outfall
pipe
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
x Developed Community
Rural Other
h. How is the tract zoned by local government?
Ocean Impact Residential
i. Is the proposed project consistent with the applicable
zoning? x Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes x No
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 x No
1. Are there wetlands on the site? Yes x No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
N/A
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) NC 12
stormwater surface runoff into nine
o. Describe existing drinking water supply source.
N/A
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to
3
Form DCM-MP-1
the site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
•A Stormwater Certification, 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.
Name Thomas Skinner Brothers
Address 313 West Riverview Dr. Suffolk, VA23434
Name Ms. Gene Toniger
Address 919 Catlina Dr. Newport News VA 23606
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Permit # 160-96
• A check for $250 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 lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER 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 conditions
and restrictions contained in 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.
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.
This is the 28 Day of February , 2001
Print Name Kristen Shacochis
Signature.
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
X 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 bottom of each form.
Revised 03/95
Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to this
proposed project.
a. Dock(s) and/or Pier(s) N/A
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys N/A
,..

(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.)
N/A
(1)
(2)
(3)
(4)
_ Commercial -Community - Private
Number
Length
Width
g. Other (Give complete description)
Ocean outfall for discharge ofstormwater from
NC-12 and KDH streets; Consists of 3011/27"
diameter corrugated metal and concrete drain pipe
extending from junction box at NC-12; drain is
beneath dune and upper beach but exposed near
MLW; Pipe is enclosed in and supported by timber
cradle, anchored to driven timber piles.
Kristen Shacochis, Environmental Officer
Applicant o Project Name
Signature
February 28, 2001
Date
d
Revised 03/95
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Development Type FEE DCM % DWQ %
14300 1601435100093 1625 6253 24300 1602 435100095 2341
1. Private, non-commercial
development that does not involve $250 100%($250) 0%($0)
the filling or excavation of any
wetlands or open water areas:
Public or commercial development
that does not involve the filling or $400 100%($400) 0% (50)
excavation of any wetlands or open
er areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, B, C, or D
below applies:
III(A). For Private, non-commercial
development, If General water Quality $250 100%($250) 0%($0)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development, if General water Quality $400 100%($400) 0% ($0)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM stab
determined that additional review and $400 60%(S240) 40%($160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached) $400 60%(S240) 40%($160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more $475 60%($285) 40%($190)
than one acre of wetlands and/or
open water areas:

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