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HomeMy WebLinkAbout11-18 Town of Southern ShoresPermit Class Permit Number NEW 11-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X _ Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 . Issued to Town of Southern Shores, 5375 Virginia Dare Trail, Southern Shores, NC.27949 Authorizing development in Dare County at adi. to a man-made canal and Yaunon Trail Rd., in Southern Shores ;. as requested in the permittee'S application dated 8/23/17 (MP-1 and 2) & 9/28/17 (MP-3), including attached workplan drawings (5), Pl and P2 dated "Revised 7/26/16" and Cross Sections A -A through E-E dated 7/25/17. This permit, issued on January 25 2018 is subject to compliance with the application (where consistent with the permit), all applicable: regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization - Bulkhead 1) In order to reduce the'potential for negative effects on the spawning migration of anadromous fish, no excavation or filling shall be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with NC Wildlife Resources Commission and NC Division of Marine Fisheries. 2) The alignment of the authorized bulkheads shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by DCM within a maximum of 30 days prior to the new expected start of construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxton C. avis, Director lion. of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee n of Southern Shores Permit No.11-18 Page 2 of 3 ADDITIONAL CONDITIONS bulkhead shall be constructed prior to any backfilling activities. The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. [he fill material shall be clean and free of any pollutants except in trace quantities. backfill material shall be obtained from a high ground source and confined behind the permitted All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Stormwater Manaeement Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require orinwater Management permit. The permittee shall receive a Stormwater Management permit from ALR prior to the initiation of any construction. Any violation of the permit approved by DEMLR 1 be considered a violation of this CAMA permit. Sedimentation and Erosion Control )riate sedimentation and erosion control devices, measures or structures shall be implemented to that eroded materials do not enter adjacent wetlands, watercourses or properties. ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of ading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately idward of the bulkhead cap immediately following completion of backfilling activities. An Erosion and Sedimentation Control Plan may be required for this project if upland disturbance is greater than 1 acre. If required, the plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Contact the Division of Energy, Mineral and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889 for this determination. General This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. permittee and/or his or her contractor shall meet with a representative of the Division prior to .ct initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. wn of Southern Shores Permit No. 11-18 Page 3 of 3 ADDITIONAL CONDITIONS ITE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2017-01243) issued 1/16/18. The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4097 and assigned the project DWR Project No. 89-0270 V2. E: Future development of the permittee's property may require a modification of this permit. . Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. f • DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applica Type: (check all that apply) New Major Mod_ Permit#_ Minor Mod_ Renewal_ Transfer_ Permit Coordinator: L-A�� WC-, Field Representative Date Time Message i�S��S h �t iroic l�rlCcrr�i�'�( �usT'1�teT�i �r Pu6/,i, �.,�rh f bMF,f Poe CatLsrM�%� �/[or�jtldw( �, i'e- �,r ttv�cv/ Z , QV, old ibr [aMww►� a 114n 14g1n , 451r, , `1z/fs, R eeM Mr-� Received APPLICATION for 2 R `°" Major Development Permit i s> ld_Fc (last revised 12.127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Project Name (if Wflceble) Business Name Yaupon Trail Improvements The Town Of Southern Shores MI Last Name Applicant t: First Name Rascoe Peter Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) wiM names listed. State PO Box City Mailing Address Southern Shores NC 5375 virginia Dare Trail FAx No. ZIP Country Phone No. 27949 USA 252 - 261- 2394 ext. 5 252 - 255 - 0876 City State ZIP Street Address (d different from above) - Email bgblueheron@aol.com 2. Agent/Contractor Information Business Name Atlantic Environmental Consultants, Llc MI Last Name Agentl Contractor 1: First Name A Dorman Doug Ml Last Name Agent/ Contractor 2: First Name PO Box City State Mailing Address P.O. Box 3266 Kitty Hawk NC Phone No. 1 Phone No. 2 ZIP 252-261-7707 ext 252-599-2603 ext. 27949 Contractor S FAX No. 252 261 7707 ZIP CityState Street Address (if different from above) _ Email dougdaec@gmail.com <Form continues on back> Form DCM MP-1 (Page 2 of 5) APPLICATION for Received Major Development Permit AUG 2 9 2917 3. Project Location County (can be multiple) Street Address , w C State Rd. # Dare Yaupon Trail Subdivision Name City State zip None southern shores NC 27949 - Phone No. Lot No.(s) (d many, attach additional page with Ilso 252 - 2621 - 2394 ext. WA, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Whistling Swan Canal c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown Cunituck Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ONO work falls within. The Town of Southern Shores 4. Site Description a. Total length of shoreline on the tract (ft.) b. size of entire tract (sq.ft.) 1,525 linear feet 53,263 c. Sire of Individual lots) d. Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal water leveo (If many lot sizes, please attach additional page with a list) 2' ❑NHWor®NWL e. Vegetation on tract Exisitng vegetation includes: Lobolly Pine, Gum Trees, Red maple, Wax Myrtle, Crepe Myrtle, and grass. f. Man-made features and uses now on tract A majority of the shoreline included in the permit application is bulkheaded with the exception of 262'. Some property owners along the street have docks or boat lifts on the bulkhead. g. Identify and describe the existing land uses adjacent to the proposed project site. The Town of Southern Shores owns the right of way within Yauon Trail. The Adjacent properties to right-of-way are residential properties. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? The Tract including the bulkhead and street are in the (Attach zoning compliance certificate, N applicable) town owned right-of-way which does not fall into any of ❑Yes []No ®NA the towns zoning categories. 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. ❑Yea ®No IV If yes, by whom? - I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> C 1 APPLICATION for Form DCM MP-1 (Page 3 of 5) i t 3.� <;JF Major Development Permit AUG 2 9 2017 []Yes ®No m. (I)Are there wetlands on the site? y'� w�� ®No .,a�-EC (ii) Are there coastal wetlands on the site? ❑Yes (III) If yes to either (i) or (it) above, has a delineation been conducted? (Attach documentation, if available) ❑Yes ONO n. Describe existing wastewater treatment facilities. facilities located within the towns right-of-way. There are not wastewater o. Describe existing drinking water supply source. nt right-of-way and individual water lines feed the adjacent residences. A Dare County water main is located in the adjce p. Describe existing stone water management or treatment systems. There are currently no constructed stormwater management systems on the site. Stormwater retention areas are planned as part of the future Yaupon Trail road improvements. 5. Activities and Impacts a. Will the project be for commercial, public, ❑Prtvate/Community Give a brief description of purpose, use, and daily operations of the project when complete. The project will first replace the existing, structurally failing bulkhead along the shoreline and will in a future phase include rebuilding the adjacent structurally deficient asphalt street. The bulkhead is in a rapidly declining state of disrepair and must be entriely replaced. The future phase of rebuilding the existing narrow, one laned street will resolve a serious life safety issue regarding emergency vehicle access to the residence along Yaupon Trail. The narrow width of the street is 9'-11' which makes it extremly difficult for fire trucks and ambulances to quickly access the residence during an emergency call which poses a potential threat to human life. The proposed future road is planned to be 14'-16' wide and will allow for safe passage of emergency vehicles. 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. Bulkhead replacemet: The existing wood bulkhead will remain in place. Anew vinyl sheetpile bulkhead with tie backs will be constructed waterward of the existing bulkhead and fill will be added behind the new bulkhead. The proposed bulkhead will be constructed waterward of the existing bulkhead and vary in distances waterward of the NWL (See DCM-MP-2 &site plan for more details). The new vinyl bulkhead will have 8" diameter pilings spaced 6' on center, embedded 12' into the canal bed. Verticle piling extensions may be used where the street is in close proximity to the road to act as a buffer between vehicles and the canal. There will be a 6' minimum tieback distance with B"xB"xB' long verticals and 61lx6"x4' horizontals. be angled s. The bulkhead diameter tieback rods p. Equipment ub ment useuried a dnimum of 2' deep and during construction w lllbe staged in the right-of-way betweard at 15-20 en the street and bulkhead will have a12" cap. q p bulkheadand includes a pump, air compressor, small excavator, dump truck, and front end loader. Street rebuild: The existing street and a portion of the subgrade will be removed and replaced with 8" thick aggregate base course and 2" of asphalt pavementand 1' stone shoulder on both sides(see attached drawings). Equipment used during construction will be staged in the right -of -way between the street and bulkhead and includes dump trucks, and excavator, milling machine, roller, and paver. J. List all development activtiea you propose. A new bulkhead will be constructed along the shoreline of Whistling Swan Canal adjacent to Yaupon Trail and as a future phase a new asphalt street will be constructed. During the be removed. replacement replant rig effort will be unthat have upon project been identified as affecting the bulkheads structural integrity will completion to add back tree species with root systems that will not negatively affect the street and bulkhead. e. Are the proposed activities maintenance of an existinnproject, new work, or both9 New work f. What area resulting from g. Will the proposed project encroach on any public easement, public acceasway or other area that the public has established use of? 39'475 ®Sq.Ft or ❑Acres Form DCM MP-1 (Page 4 of 5) APPLICATION for type of existing and proposed discharges to waters of the state. Surface runoff Major Development Permit i. Will wastewater or stonnwater be discharged into a wetland? UYeS 29NO LJNA 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. <Porm continues on back> 6. Additional Information 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) — (0 are always applicable to any major development application. Please consult the application Instruction booklet on how to propedy 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. 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 Edwin & Camile Miller Phone No. Address 162 Yaupon Trail, Southern Shores, NC 27949 Name Mildred Roughton Phone No. Address 139 Yaupon Trail, Southern Shores, NC 27949 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include pefmk numbers, pennittee, and issuing dates. GPti67629A.-155. a Tu +rtiTe...v..}-Ss.�tr..•n sheds (416 cur ButrcAx.d R.P1+- t EIVE h. Signed consultant or agent authorization forth, 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 owned 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. 1 7. Certification and Permission to Enter on Land I 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. Y 1 ,t Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit I further certify that the information provided in this application is truthful to the best of my knowledge. Date 8123/17 Print Name _Doug Dorman, Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information �06 2 9 2917 C ' - R,E0,EIVED OCT 10 2017 DCM- MHD CITY t A ELI At% 2 8 M7 Form DCM MP-2 EXCAVATION and FILL DCNI-EC (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. fosure to rmat oncomplete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.F Other Access Rock (excluding Channel Canal Boat Basin Boat Ramp Rock Groin Breakwater shoreline (NLW or atabilizatlor Length Width Depth Final Project Depth 1. EXCAVA I IVn a. Amount of material to be excavated from below NHW or cubic yards. c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), 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 (h) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED a. Location of disposal area. c. (i) Do you claim title to disposal area? Dyes ONO ❑NA (ii) If no, attach a letter granting permission from the owner - a. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom ( he or other wetlands (WL)? if any boxes are checked, provide number of square feet affected. ❑CW — ❑SAV ❑SB OWL — ❑Nona (ii) Describe the purpose of disposal in these areas: NA I NA ®This section not applicable Type of material to d. High -ground excavation in cubic yards. b. area. ®This section not applicable d. (i) Will a disposal area be available for future maintenance? ❑Yes ONO DNA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No DNA (ii) If yes, how much water area is affected? �> W r A it I I SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 680 feet ®Bulkhead ❑Riprap ❑Breakwater/Sill []Other: Width: I c. Average distance waterward of NHW or® Area #1 = 1.8' d. Maximum distance waterward of NHW or NWL: 31' Area #2 = 4.1', Area #3 = 5.9', Area #4 = 4.3', Area #5 = 16.3' , ,ts,==(..-V=tti'(- 29,4- QM(L RrtdL e. Type of stabilization material: f. Vinyl bulkhead g. Number of square feet of fill to be placed below water level. Bulkhead backfill 4,151 sf Riprap Breakwater/Sill _ Other _ I. Source of fill material. Trucked in from local mine site. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Clean sand Receive 1 2 9 1017 J 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brouoht to the site? []Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water _ (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Sand will be brought in as needed to ball bulkhead. Upon completion of bulkhead land disturbance will be seeded to prevent erosion of new material. c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. 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 _ OWL ❑None (ii) Describe the purpose of the fill in these areas: backhoe, or hydraulic dredge)? Backhoe, excavator, small tractor, pump, compressor. d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No []NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. P;N 8/23/17 Project Name , 1_ ,! - Date Yaupon Trail Improvements Authorized agent - Doug Dorman '' T 10 2017 Applicant Name DCM- MHD CITY 1 Form 0CM MP-2 (Excavation and Fill, Page 3 of 3) Applicant Signature Received 4U6 2.9 7011 RECEIVED OCT 10 2017 DCM- MHD CyTY SEP $ J 417 Form DCM MP-3 UPLAND DEVELOPMENT Oro (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. Road improvement project. c. Density (give the number of residential units and the units per acre). N/A e, lt 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 ONo ❑NA (11) If yes, Bat the date submitted: 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. 49%. 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. 51% j. Describe proposed method of sewage disposal. WA 1. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Surface runoff b. Number of lots or parcels. 1 d. size of area to be graded, flied, or disturbed inclul" roads, ditches, etc. 39,475 sf I. List the materials (such as mad, paver stone, asphalt. or concrete) to be used for Impervious surfaces. Asphalt, and gravel. 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 (B) If yes, list the date submitted: _7/25/17. 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. RECEIVED OCT 10 2017 DCM- PAd -jD COITY revised: 12J26106 Z52�8e8•28062 ;e 1-888•4RCOAST :: vrwv✓.nccfk .k86tL!fp!Q Lrt „tnt t M. Describe proposed drinking water supply source (e.g., well community, public system, etc.) Public System o. When was the logs) plaited and recorded? Project within Town of Southern Shares right-of-way 9/28117 Date Youpon Trail Improvements .Project Name Town of Southem Shores- Peter Rascoe Applicant Name Agent - Doug Dorman Appileant Signature n. (1) Will water be impounded? I]Yes ®No ❑NA (m) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? OYes ❑No ®NA heceivea "12 y P617 RECEIVED OCT 10 2017 DCM- MHD CITY 252-808-2808 :: I-88&4RCOAST :: ±yww.nccoastalm n� ,grrgn;.not revised; ;2728108 DCM Coordinator:_.., )—Vh T_ MAHJNG DISTRIBUTION DCM Field Offices Milizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) _ ' !wish PeletfgWe, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Bair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Barley Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: Shane Staples Curt Weychert A I NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton DEM WDWR: Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401(Carteret, Onslow, Pender, New Hanover) Chad Coburn — 401(Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401(NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) ,r LPO: 2r%; 56v1}ovt Jul i1 li S�OrCS—ViC.COJ �Ol Fax Distribution: Permittee #: Agent# Coastal Management ENVIRONMENTAL QUALITY File Note: FROM: Gregg Bodnar, DCM Assistant Major Permit Coordinator SUBJECT: Town of Southern Shores Yaupon Trail -Bulkhead DATE: 1/5/18 ROY COOPER Gommrr WILLIAM G. ROSS JR. Snrrelary BRAXTON DAVIS Omeclor There was concern that the bulkheading to widen Yaupon Trail was not permittable under 7H .0209(d) and 7H .0209(d)(10) for Coastal Shorelines. There was concern that the widening of the Cul-de-sac is new development and was not a water dependent need to extend the existing bulkhead waterward, and the rule does not specifically identify over-riding public benefit as an exclusion. After consultation with Doug Huggett it was determined that 1. 7H .0209(d) does allow for, where applicable, to utilize the general and specific use standards of 7H .0208. Within 7H .0208 (a)(3) General Use Standards does provide the over-riding public use clause. 2. Avoidance and minimization was conducted over numerous scoping meetings to provide a project with the most minimal impact as practical. 3. The requirement of obtaining a Stormwater Permit provides mitigation to erosion, sedimentation, runoff etc. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax) Coastal Management ENVIRONMENTAL QUALITY December 12, 2017 Town of Southern Shores Peter Rascoe 5375 Virginia Dare Trail Southern Shores, NC 27949 Dear Mr. Rascoe: ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director This letter is in reference to your application for a Coastal Area Management Act Major Permit to undertake development activities to bulkhead along Yaupon Trail, in Dare County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make February 26, 2018 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Elizabeth City Doug Dorman (Atlantic Environmental Consultants LLC) via email State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Qty, NC 28557 2528082808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: The Town of Southern Shores County: Dare LOCATION OF PROJECT: Yaupon Trail right of way DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 9-29-17 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi D�.5TRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: - Date: AV -- B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (60/40 %) PUBLIC NOTICE REC'D: Advertise: 10-8-17 END OF NOTICE DATE: Comments due: 10-28-17 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIG ON: —I ' C) 75 DAY DEADLINE: t4 ) n 150 DAY DEADLINE: Z21- MAIL OUT DATE: Circulation: /'AAe1"? STATE DUE DATE: Comments due: /%L//7 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY_ DRAFT AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management - Regional Representative I0/;0' i1 Coastal Management - LUP Consistency Division of Community Assistance to/y/�11 X Land Quality Section--DEMLR I el s//�j k G tmej DWR/DWQ — Aquifer Protection DWR/DWQ - Storm Water I��jlsr'1 K SW ui� rf uAeK '01(obi k DWR— Public Water Supply State Property Office 10/1 L'I >< Division of Archives & History --Cultural Res. Lotz'5 1-1 >C Division of Env. Health —Shellfish Sanitation to l I IZ Division of Highways --DOT to �zl, tZ ? ;Ncowrk 40� w �7 Wildlife Resources Commission it g I X 15-FA — � � S � E Local Permit office/Planning Dept. 0 DMF—DCM Fisheries Resource Specialist I'hill k I4pr ` Corps ofEngmeers I IV ( )C Z ' 1 K0� t�ItSIIT k $4-07--to J2_ ROY COOPER Gmwmor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dvecor Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Frank Jennings, District Manager FROM: Ron Renaldi, Field Representative 9PrV4- DATE: October 30, 2017 SUBJECT: Town of Southern Shores (Yaupon Trail Improvements) Major Permit Recommendations The Town of Southern Shores proposes to replace ±580' of structurally failing bulkhead along a canal shoreline and then rebuild and widen Yaupon Trail. The site of the proposed development is within the Yaupon Trail right-of-way in the Town of Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. The development proposal involves the Public Trust Area (PTA) and Public Trust Shoreline (pTS) Areas of Environmental Concern (AFC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertainRECEIVED o this project and my findings are as follows: 07H.0207 Public Trust Areas NOV 032017 (c) Management Objective. To protect public rights for navigation and recreatig 4 D CITY conserve and manage the public trust areas so as to safeguard and perpetuate their bio ogicai, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, State of North Carolina I EmAronmental Quality ] Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-3901 1 252331.2951 [fax] r Gregg Bodnar, Assistant Major Permits Coordinator Town of Southern Shores (Yaupon Trail Improvements) Major Permit Recommendations October 30, 2017 Page 2 deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07K0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources Consistent: The proposed development is consistent with the intent of this rule. F_ uJ U Paragraph (a)(2)(D) states that development shall not increase siltation. > N p Consistent: The proposed development is consistent with the intent of this rule. C+7 U o Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. IL z � U Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Town of Southern Shores (Yaupon Trail Improvements) Major Permit Recommendations October 30, 2017 Page 3 Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (7) Bulkheads pertains to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (7) Bulkheads Subparagraph (7)(A) states, 'Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level." Inconsistent: The proposed bulkhead alignments (5 areas) are waterward of the normal water level. Subparagraph (7)(B) states, "Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (7)(C) states, Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the materiatF�ils¢ C E 1 V E D obtained may be contained behind the bulkhead." CC Consistent: The applicants have indicated that clean fill will be used. NOV 0 3 2017 Subparagraph (7)(D) states, `Bulkheads shall be permitted below normal high wateMH D CITY water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent: The wooden bulkhead is showing signs of failure due to age (rot) which is allowing erosion to occur on the landward side. The proposed alignment is also necessary to provide a 10' buffer from the proposed rebuilding and widening of Yaupon Trl. (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Gregg Bodnar, Assistant Major Permits Coordinator Town of Southern Shores (Yaupon Trail Improvements) Major Permit Recommendations October 30, 2017 Page 4 Consistent: The proposed alignment aligns with the adjacent bulkheading and extends beyond normal water level the minimum distance to widen Yaupon TO to a safe width for emergency vehicles. (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; Consistent: The proposed development is documented in a Field Investigation Report. (v) the property to be bulkheaded is in a nonoceanfront area. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0209 Coastal Shorelines (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. Consistent: The proposed development is consistent with the intent of this rule. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. } Development shall be compatible with the following standards: F— UJ (1) All development projects, proposals, and designs shall preserve and not weaken or elimi � U f natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gam M protective fringe areas adjacent to vulnerable shorelines. LIJ Consistent: The proposed development is consistent with the intent of this rule. Cr 7 Z- C) Gregg Bodnar, Assistant Major Permits Coordinator Town of Southern Shores (Yaupon Trail Improvements) Major Permit Recommendations October 30, 2017 Page 5 (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. The proposed bulkhead alignment was designed to give a 10' shoulder/buffer/water sheet flow area for the rebuilding and widening of Yaupon Trail. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. RECEIVED Consistent: The proposed development is consistent with the intent of this rule. NOV 0 3 2017 (C) All development projects, proposals, and designs which involve uncovering more =eNIH D CITY acre of land shall plant a ground cover sufficient to restrain erosion within 30 workin completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. Consistent: The proposed development is consistent with the intent of this rule. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Gregg Bodnar, Assistant Major Permits Coordinator Town of Southern Shores (Yaupon Trail Improvements) Major Permit Recommendations October 30, 2017 Page 6 Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; Consistent: The proposed bulkhead is consistent with the intent of this rule. The rebuilding and widening of Yaupon Trail falls within an existing right-of-way and should be considered exempt from the definition of development per NC GS 113A-103(5)(b)(1). Based on field visits to the site, discussions regarding the minimum recommended bulkhead alignment necessary for the roadway to be properly engineered for a width to accommodate emergency vehicles as well as allowing vehicles to safely pass, a review of the applicable subsections of the North Carolina Administrative Code, and review of the permit application and plans, I recommend a permit be issued to The Town of Southern Shores. 252-255-0876 TOWN HALL L !.a Coastal Management ENVIRONMENTAL QUALITY October 4, 2017 TO: Dabni Shelton, Local Permit Officer Town of Southern Shores 01:22:24 p.m. 10-11-2017 ROY COOPER Go, mnw MICHAEL S. REGAN secMia'y BRAXTON C. DAVIS Dinclar FROM: Doug Huggett, Major Permits Coordinator clo Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Town of Southern Shores Project Location: Yaupon Trail, Dare County Proposed Project: Replace 580' of structurally failing bulkhead along a canal shoreline and rebuild and widen Yaupon Trail. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are 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 to the project for reasons described in the attached comments. SIGNED DATE -:'_�Norhing Compares,.- Stde orNaM Cmi ma I Fnvimnm W Qudlty I Coasl Wnagaoeat :. 401 S. Griffin St, Ste 3001 FJirnhdlh City. NC 27909 252.264.39DI 1252-331.2951 [fix] ROY COOPER MICHAEL S. REGAN - Jrotmry BRAXTON C. DAVIS Coastal Management U/rcrrnr ENVIRONMENTAL QUALITY October 4, 2017 MEMORANDUM TO: Lee Padrick Division of Community Assistance ?<'FROM: Doug Huggett, Major Permits Coordinator ., c/o Gregg Bodnar, Assistant Major Permits Coordinator { Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Town of Southern Shores Project Location: Yaupon Trail, Dare County Proposed Project: Replace 580' of structurally failing bulkhead along a canal .shoreline and rebuild and widen Yaupon Trail. Please andicate below your agency's position or viewpoint on the proposed project and return this x 'foim;.by:'10/25/17ao 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any;4nestions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. A ; t I Y This agency has no objection to the project as proposed. agency has no comment on the proposed project. &:This agencyApproves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached :_, comments. . SIGNED �� DATE %Nothihq Compares SntgofNOM CeroImaJERvininmealal Quality J Coatnl Mmgcm=t pd AOIS Gnffm St: Ste 300j EGmbeth City, NC 27909 -- - 252.2664901 [252-331.2951 [fax] 10/13/2017 19:58 2523314739 NCDOT PAGE 01/01 Coastal Management F.NVIPONMENTAL DUAU17V October 4, 2017 MEMORANDUM ROY COOPER Gdwx r MICHAEL S. REGAN 4eumraw BRAXTON C. DAVIS Dlmanr TO: David B. Harris, Roadside Erosion. Control & Vegetation Management Engineer, NCDOT Roadside Environmental Unit FROM: Doug 14uggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Town of Southern Shores Project Location: Yaupon. Trail, Dare County Proposed Project: Replace 580' of structurally failing bulldiead along a canal shoreline and rebuild and widen Yaupon Trail. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: ' This agency has no objection to the project as proposed. 6.1_[elel_tc This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. roject for reasons described in the attached DATE Za—G-Y,7'(� ^`Nothing Compares r Stale of Noft Carolina I P.nviN?nnanlal QuAty I Coastal Management 401 S. anflin St.. Ste 80n 10bnhMh City, NC 27909 757,261.1"11252-331-2911 (fox) RECEIVED OCT 17 2017 DCM- MHD CITY M Coastal Management ENVIRONMENTAL QUALITY October 4, 2017 MEMORANDUM TO: E U L= u OCT - 6 209 Shellfish Sanitation 6 Z-:-eational Water Quali:v Se:: Shannon Jenkins Environmental Health— Shellfish Sanitation ROY COOPER Gwemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Uirecmr FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Town of Southern Shores Project Location: Yaupon Trail, Dare County Proposed Project: Replace 580' of structurally failing bulkhead along a canal shoreline and rebuild and widen Yaupon Trail. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. / V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED(/Ijj�" i/� DATE /O'la41-7 ^0--- -ED �i� Sha-Alr1 f jeny -lm OCT 13 2017 -'-'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M— I VE H D CITY 401 S. Griffin St., Ste 3001 Eliaebeth City, NC 27909 252-264-39011252-331-2951 [fax] Coastal Management ENVIRONMENTAL OUALITV October 4, 2017 MEMORANDUM 171 e l RECEIVED OCT 0 9 2017 DOA STATE PROPERTY OFFICE Tim Walton, Director State Property Office ROY COOPER MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Duree m, FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Town of Southern Shores Project Location: Yaupon Trail, Dare County Proposed Project: Replace 580' of structurally failing bulkhead along a canal shoreline and rebuild and widen Yaupon Trail. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE /0�ZJ17 RECEIVED ^'Nothing Compares OCT 17 2017 State of North Caroline f Environmental Quality I Coastal Management '°lS.Griffin 5226643009011252-Elizabeth �25 [faxl DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY October 4, 2017 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Town of Southern Shores Project Location: Yaupon Trail, Dare County Proposed Project: Replace 580' of structurally failing bulkhead along a canal shoreline and rebuild and widen Yaupon Trail. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency%objects to a project for reasons described in the attached X T =-e� — ..4 6,-V DATE - V.-(� D RECEI - '-^Nothing Compares OCT 2 3 2017 State of North Carolina I Environmental Quality I Coastal Management D CITY I Y 401 S. Griffin St., Ste 3001 Oizabeth City, NC 27909 ®C �.. V 252-264-39011252-331-2951 [fax] Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coast anagement FROM: Charlan Owen ICP, NE District Planner Division of Coa al Management ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SUBJECT: Major Permit Request by the Town of Southern Shores to install 675 linear feet of vinyl bulkhead and rebuild and widen Yaupon Trail, along a man-made canal that connects to Jean Guite Creek, in the Town of Southern Shores. DATE: October 16, 2017 Consistency Determination: The request is consistent with/not in conflict with the Town of Southern Shores CAMA Land Use Plan Update certified by the CRC on August 30, 2012. Overview: The project area is located within the approximately 30 foot wide by 1,600 foot long Yaupon Trail right-of-way that includes 1,525 linear feet of shoreline along a man-made canal to the east that connects to Jean Guite Creek. Water depths in the canal range from 5 feet below Normal Water Level (NWL) at the center to 2.5 feet below NWL at the shoreline, with depths of .5 foot at its terminus. The right-of-way has elevations that range from 1.7 feet to 10.3 feet above NWL. The highground is vegetated with lawn grass and pine, gum, wax myrtle, and crepe myrtle trees. The project area is primarily located in the AE (EL7) F000dzone, with minimal areas to the north outside of a floodzone. Existing site improvements consist of a town roadway 9 feet to 11 feet in width that intersects with Dogwood Trail to the north and terminates in an "L" shaped turnaround to the south. The roadway was constructed 35 years ago on a base layer of clay which is now causing undulations in the pavement. Tree roots have also undermined the road surface. Existing shoreline improvements consist of approximately 1,230 linear feet of wooden bulkhead, a boatlift, and a covered dock. The bulkhead is showing signs of rot and failure. CAMA General Permit #67629A was issued in December of 2016 authorizing replacement of 296 linear feet of bulkhead approximately 2 feet waterward of the existing bulkhead. Installation of 675 linear feet of vinyl bulkhead and rebuilding and widening of Yaupon Trail are proposed. New and replacement bulkhead will be installed in five (5) segments along the man- made canal. Bulkhead will be located an average between 1.9 feet and 18.6 feet waterward of NWL and a maximum between 2.8 feet and 31 feet waterward of NWL. The trail roadbed will be removed and replaced with a 16 foot wide aggregate base and 14 foot wide asphalt roadway surface. The southern terminus will be reconfigured as a cul-de-sac with a 60 foot diameter base Nothing Compares RECEIVED OCT 23 2017 State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Grrffm Street. Suite 300 1 Elizabeth City. North Carolina 27'�/'� ■ /ram ^ A v 2522643901 v��✓✓�W A , d North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 5 and 58 foot diameter asphalt surface. The asphalt will be offset a minimum of 10 feet from the bulkhead alignment to provide roadway shoulder and stormwater infiltration. The waters of Jean Guite Creek and the manmade canal system are classified as SC in this area and are closed to shellfish harvesting. The area is designated as an Inland Primary Nursery Area (PNA) by the NC Wildlife Resources Commission. No Submerged Aquatic Vegetation (SAV) is present. A review of historic or archaeological sites was not provided. Anticipated Impacts resulting from this project are expected to include: the filling of 4,131 sq. ft. of Public Trust Area of Environmental Concern (AEC); the disturbance of .53 acre of Public Trust Shoreline AEC, and; the disturbance of .37 acre of Highground outside of an AEC. Basis for Determination: The Town of Southern Shores Existing and Future Land Uses Map identifies the subject property as "Residential". As noted on Page 62, areas within an AEC are designated as "Conservation". As indicated on Page 62, "(t) he Conservation category is applied to areas that should not be developed (i.e., preserved), or if developed (or managed and maintained), done so in a manner characterized by careful planning and cautious attention to the conservation of environmental features. Definitions of the terms used that indicate the Town's commitment to the policies follow, include: Continue: follow past and present procedures to maintain desired goal Control: to regulate or direct Encourage: to favor or foster Maintain: keep in an existing state or good condition Protect: to guard against a deterioration of a desired state Support: to shore up; may imply financial support The following LUP policies may be applicable to this request. Stormwater Management: Policy 7, Page 54. "Support stormwater management programs that reduce flooding and improve coastal water quality." REGEIVED OCT 3 2^17 ,,�. n n @ t t- — n i�,." Nothing Compares..''' ` m a: r . t s State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 5 Action Item 7-b, Page 54. "Encourage the use of Low Impact Development (LID), vegetative buffers to filter stormwater, impervious surface limits, and innovative stormwater management alternatives to reduce runoff and to improve water quality." Action Item 7-c, Page 54. "Implement the following performance standards to ensure that all stormwater management facilities and infrastructure within Southern Shores, whether public or private, are designed, constructed and operated in a manner that, to the fullest extent possible: 1. Eliminates flooding without intensifying other runoff related problems 2. Preserves and enhances the natural drainage systems within the Town (as defined in the Quible Drainage Study (March 2006)] 3. Contributes to preserving and enhancing overall water quality 4. Does not require power to function 5. Requires minimal regular maintenance to function properly." Action Item 74 Page 54. "Implement engineering design standards for stormwater management and infrastructure." Transportation: Policy 9, Page 55. "Ensure an adequate system of roads, bridges and pathways to meet the transportation and pedestrian safety needs of the Town in a way that protects, preserves and where possible improves the environment and water quality." Action Item 9-b, Page 55. "Integrate transportation and stormwater management planning and integrate structural and non-structural Best Management Practices (BMP's) and consider Low Impact Development (LID) principles where appropriate, using all available tools in the plans and policies." RECrW- IVED �Niothing Cc m ares�q State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 252 264 3901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 5 Canals: Policy 10, Page 55. "Maintain the aesthetic quality and navigability of the town -owned canal system." Action Item 10-b, Page 56. "Encourage the owners of canal front properties to stabilize the canal/lagoon banks through appropriately designed, installed and maintained bulkheads or other means of stabilization and to maintain all appurtenant structures including but not limited to docks, piers, boat lifts and ramps in an environmentally sustainable manner." Natural Hazards: Policy 18, Page 57. "Minimize and mitigate potential damages to individual properties from natural hazards." Policy 19, Page 58. "Integrate natural resource protection polices with property protection measures." Action Item 19-c, Page 58. "Continue enforcement of the Coastal Area Management Act (CAMA) regulations." Action Item 19-d, Page 58. "Continue enforcement of the State Erosion and Sedimentation Control regulations." RECEIVED Water Qualitv: OCT 2 3 2017 Action Item 25-a, Page 59. DCM- MHD CITY "Promote programs and practices that prevent soil erosion and sedimentation, and control stormwater entering the beach and estuarine waters." Nothing Compares...._. State of North Carolina Environmental Qualityl Coastal Management Elizabeth City Office 1 401 South Griffin Street Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 5 of 5 Action Item 25-b, Page 59. "Encourage and support State and Federal vegetative buffer requirements for all water bodies, canals and lagoons to enhance water quality." Action Item 25-c, Page 59. "Prevent or control non -point source discharges to the Town's waters." OCT 8 S Z017. mikx_ iko un r'I " Nothing Compares State of North Carolina I Environmental Quality l Coastal Management Elizabeth City Office 1 401 South Griffin Street, Sulte 300 1 Elizabeth City, North Carolina 27909 252 264 3901 OCT 1 0 2017 Coastal Management ENVIRONMENTAL QUALITY October 4, 2017 MEMORANDUM ROY COOPER dmvruar MICHAEL S. REGAN Seem!a7- BRAXTON C. DAYIS DrrecIF E� t� 19 a� A- 0;vaF/VP 1D - 2 3 - Z TO: Renee Gledhill -Early NC Department of Cultural Resources FROM: Doug Huggett, Major Permits Coordinator c/o Gregg, Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: LAMA Permit Application.Review Applicant: Town of Southern Shores ProjectLocation: Yaupon Trail, Dare County Dy-0- 101a�- Proposed Project: Replace 580' of -structurally failing bulkhead along a canal shoreline and rebuild and widen Yaupon Trail. Please indicate below youragency's position or viewpoint onthe.proposed project and return this, form by 10/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax:. 252-247-3330): Ifyou have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data. are requested. REPLY: This: agency, has no objection.to the project as proposed. This,agency has no comment on the proposed;project. Thisagencyapproves of the project oply if the recommended changes .are incorporated. See attached. This agency objects, to the project for reasons described in the attached comments. SIGNED 0&1 43xcu _ CO . DATE O.- VS ' /'Nothing Compares.. ACT t t �nt7 Slate of North Carolina I Fnvironmental Quality I Coastal Management 401.S. Griffin St., Ste 3001 EliiabetliCity, NC 27909 ;252-264r39011252-331-2951 (ful- ROY COOPER Crovemor _ MICHAEL S. REGAN Secretary BRAXTON C. DAVIS D/reetor Coasta(Management ENVIRONMENTAL QUALITY ' I Gj 0''l -0 210 V2.- October 4, 2017 u1 N 1 m"I ,111t'IP�i TO: Anthony Scarbraugh, DWR - Water Quality - 401, WaRO FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management "So8/"Z1)/N SUBJECT: CAMA Permit Application Review OCT Applicant: Town of Southern Shores ['['star g Ova!l Project Location: Yaupon Trail, Dare County 211 sfo„q�s ctor69 Proposed Project: Replace 580' of structurally failing bulkhead along a canal shoreline and rebuild and widen Yaupon Trail. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/25/17 to 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron-Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: agency has no objection to the project as proposed. 19-s'agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED l > \ DATE `- -Nothing Compares:- State of North Carolina I FnvuommoanitAQoality I Coastal Management 401 S. Griffin St., Ste 300I1alizebeth City, NC 27909 252.264-39011252-331-2951 [0a] Water Resources _ FM iromnentnl Quality Town of Southern Shores Mr. Peter Roscoe 537S Virginia Dare Trail Southern Shores, NC 27949 NOT A CAMA PERMIT October 30, 2017 ROY COOPER Governor MICHAEL S. REGAN Secn'7hp. S. JAY ZIMMERMAN Direllor DWR N 89-0270 V2 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS TOWN OF SOUTHERN SHORES —YAUPON TRAIL BULKHEAD REPLACEMENT Dear Mr. Roscoe: You have our approval for the impacts listed below for the purpose described in your application dated October 4, 2017 and received by the Division of Water Resources (Division) on October 6, 2017. These impacts are covered by the attached Water Quality General Certification Number 4097 and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the,US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with'your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certificationare met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] Type of Impact Amount Approved (units) Permanent Amount Reduced (units) Temporary Plan location/ Reference Attached Open Water OW1(Bulkhead Fill) 0 (acres) "58 ftz" 0 (acres) Sheets 1- 3 OW2 (Bulkhead Fill) 0.01(acres) 0 (acres) Sheets 1- 3 OW3 (Bulkhead Fill) 0.03 (acres) 0 (acres) Sheets 2 - 3 OW4 (Bulkhead Fill) 0.02 (acres) 0 (acres) Sheets 2 - 3 OW5 (Bulkhead Fill) 0.04 (acres) 0 (acres) Sheets 3 - 3 State or North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional 011ice 943 Washington Square Mall, Washington. North Carolina 27889 252-946-6481 DW RH 89-0270 V2 401 APPROVAL Page 2 of 3 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4097. [i5A NCAC 02B .0507(c)] Continuing Compliance 3, Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SC Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0222) Other Conditions 4. This approval and its conditions are final and binding unless contested. [G.S. 143.215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in'the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: if sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 if sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 v v yDWR# 89-0270 V2 401 APPROVAL Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Anthony Scarbraugh at 252-948.3924 or anthonv.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely,, a-' �J) . Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4097 Certification of Completion cc: Gregg Bodnar, DCM Morehead City Office (via email) Lynn Mathis, DCM Elizabeth City (via email) Josh Pelletier, USACE Washington Regulatory Field Office (via email) Laserfiche File Samir Dumpor, DELMR WaRO (via email) Doug Dorman, Atlantic Environmental Consultants, LLC. (via email: dougdaec@gmail.com) Coastal Management ENVIRONMENTAL OUALITY October 4, 2017 MEMORANDUM TO: ROY COOPER Govemor MICHAEL S. REGAN Seararary BRAXTON C. DAVIS Dhvdar 112CRIVED OCT o s 2017 Roger Thorpe, Coastal Stormwater Division of Energy, Minerals & Land Resources (WaRO) FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Town of Southern Shores Project Location: Yaupon Trail, Dare County Proposed Project: Replace 580' of structurally failing bulkhead along a canal shoreline and rebuild and widen Yaupon Trail. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/25/17 to 400 Commerce Avenue Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: X This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described tin the nalttached COn]rnentS. S air eiew'r wi l 6- . .444 .4 S -,� vJkr f J t-o'�S , xjA" W11v.Ja) ya'fa . )rail froreie3 mso iHPvvl++ I �Z SIGNED MGM` .��— DATE -^- - Nothing Compares_ Stet,,f North Cerolim l Pmimnmantal Quality I Coastal Management 4D1 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252.26439011252-331-2951 [fax] ROY COOPER II� aoxmar MICHAEL S. REGAN BRAXTON C. DAVIS Coastal Management RECEIVED sxviaoxnaxru axnuTr , OCT 052017 DOM-Fisheries , October 4, 2017 WARD MEMORANDUM TO: Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO FROM: Doug Huggett, Major Permits Coordinator clo Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Town of Southern Shores Project Location: Yaupon Trail, Dare County Proposed Project: Replace 580' of structurally failing bulkhead along a canal shoreline and rebuild and widen Yaupon Trail. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/25/17 to 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-33301. Ifyouhave any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. _This agency has no comment on the proposed project. " agency approves of the project only if the recommended changes are incorporated. See attached. T7is agency objects to the project for reasons described in the attached comments. SIGNED DATE Ib�s/7 !'Nothing Compares... sm01s. SL.Swmlm rot Ck4NCommlMev.g®ma nor s o�sr. smwolro��cQv,xc nsos 7szasaasoilauarlas�r [fu] '• J P74 CdasfatAldnugement• attlYi�NM§86?5. ouaurM TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM; Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Town of Southern Shores, Yaupon Trail Widening DATE: 10/25/17 ILOT C'00FER ihm"be MICHAEL S. R;'EGAN s3aranay $RA XTON C. DAMS U/renrur A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The town proposes to improve Yaupon Trail by widening the road and replacing 580' of bulkhead to increase safety for vehicle traffic along the roadway. Current the road is very near the failing bulkhead separating the uplands from Jean Guite Creek canal. The town proposed to move the bulkhead waterward in several locations between 2' and 21' waterward of current NWL to provide for a wider road bed and grassed shoulder for safety as well as storm water diffusion. This will result in the fill of approximately 4150 square feet of Jean Guite Creek canal which is designated by the Wildlife Resources Commission as an Inland Primary Nursery Area. Fill of PNA habitat should always be avoided and minimized to the maximum extent and through the scoping meeting process the applicant has demonstrated minimization of impacts and is left with the current plan. However due to the amount of open water disturbance likely to occur during the construction of the project this office recommends a moratorium on in -water work from April. l— September 30. Scheduling of the project around this moratorium should minimize negative impacts to larval and juvenile fish that utilize the PNA habitat. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. StateaMorth Carolina 1 Emiro mentalQualfty[Coastal Management WaSaBlgton Offine 1943 Wa."hlngtoil SquareMall J. Washington,Narth Carolina 27889 2529466481 I r Coastal Management ENVIRONMENTAL QUALITY October 4, 2017 MEMORANDUM TO: Clif Whitfield, Environmental Engineer DWR—Public Water Supply Section, WaRO ROY COOPER Goremor MICHAEL. S. REGAN Se 'y BRAXTON C. DAVIS Dimtor FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Town of Southern Shores Project Location: Yaupon Trail, Daze County Proposed Project: Replace 580' of structurally failing bulkhead along a canal shoreline and rebuild and widen Yaupon Trail. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/25/17 to 400 Commerce Avenue, Morehead City-, NC 28557 (Fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are 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 to the project for reasons described in the attached comments. SIGNED DATE U -_^--'NothingCompares�.. .. State at'Notm Carolina I Eavironmental Quality I coastal Management 401 S. Griffin St, Sto 3001 Elizabeth city, NC 27909 252.264-39011 M331-2951 Jim] �i Coastal Management ENVIRONMENTAL QUALITY October 4, 2017 MEMORANDUM TO: C-(-q-10.06 Z:,z Maria Tripp Dunn NC Wildlife Resources Commission ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Direclor FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Town of Southern Shores Project Location: Yaupon Trail, Dare County OCT 2017 RECEIVED velum 'RECEIVED NOV 13 2017 DCM_ MHD CITY Proposed Project: Replace 580' of structurally failing bulkhead along a canal shoreline and rebuild and widen Yaupon Trail. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED A/�- t 1�--_ DATE � Nothinq Compares State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Dizabeth City, NC 27909 252-264-39011252-331-2951 [fan] ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality f _:D_D RECEIVED FROM: Maria T. Dunn, Coastal Coordinator NOV 13 2�11 Habitat Conservation Division DATE: November 8, 2017 DCM- MHD CITY SUBJECT: CAMA Dredge/Fill Permit Application for Town of Southern Shores, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located along the Yaupon Trail within the Town of Southern Shores, adjacent to a tributary canal of Jean Guite Creek. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G. S. 113A- 100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes a phased project to remediate a failing bulkhead and widen Yaupon Trail near the road's end. Phase 1 involves the replacement of the failing bulkhead in an alignment that would facilitate the Phase 2 widening of Yaupon Trail. The existing road ranges between 9' and 10' in width and was constructed atop a clay base layer that over time has moved and compromised the integrity of the road The new 14' road would be built atop a 16' wide aggregate base with a 60' diameter cul-de-sac, all of which would have a minimum 10' offset from the new bulkhead. The construction of the bulkhead would fill 4,151 ftz of public trust waters and disturb 39,475 flF of upland area. The applicant conducted a scoping meeting with several state and federal agencies during which recommendations to minimize impacts were provided. Subsequent conversations and alternatives were presented to demonstrate avoidance, minimization, purpose and need Jean Guite Creek and its tributary canals are classified SC by the Environmental Management Commission and are designated a Primary Nursery Area (PNA) by the NCWRC. NCWRC staff are familiar with the project proposal and have been throughout the project's development. We have reviewed the permit application and do not object to the road widening and necessary fill for the bulkhead alignment. The canal system is designated a PNA and serves as an important habitat area for numerous aquatic species in the egg, larvae, and juvenile life stages. It is understood that the proposed Mailing Address: Habitat Conservation • 1721 Mail Service Center - Raleigh, NC 27699-1721 . Telephone: (919)707-0220 • Fax: (919) 707-0028 widening of Yaupon Trail is a public safety measure. The applicant has presented alternatives that minimized impacts from the initial proposal and has chosen the alternative with less impacts; therefore, the NCWRC will not object to the project proposal. Jean Guite Creek and the associated tributary canals are designated PNAs. Generally only activities that minimally disturb habitat are allowed. To minimize the impacts the proposed project will incur, a February 15 — September 30 in -water work moratorium should be included as a permit condition. This condition is not requested outside of the bulkhead installation and fill, but it is highly advised that stringent sedimentation and erosion control measures are implemented and maintained throughout the construction process. The area landward the bulkhead should be seeded as soon as possible and silt fencing maintained throughout site disturbance. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.durm ncwildlife.org V 0 NOV 19 2017 DCM- MHD CITY Coastal anagemea ENVIRONMENTAL. QUALITY .October 4,,261.7 MEMORANDUM Rol' COOPER MICHAELS'.. REQAN, Secmtaq BRAXTOWC. DAYIS, 13,mclot' TO: -Ribhard Peed', Erosion & Sedimentation lControl Division Of Energy, Rinor414& Land Resources4 WaRO 1 Resources; 11 . I .. FROM: DougHuggett,'Major Permits.Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator 'Division of Coastal Management $Vl)iFCT: CAMA Permit Application Rev' lew Applicant: Town dfSouthe1rn.Shor6s PrOlpet Location; 'Yaupon Trail, Dare County Proposed Project: Replab6,580' of structurally failing bulkhead along a.canal :shorelme and rebuild and widen,Yaupon Trail. Please indicate below your agericys p9sition,or viewpoint rppp , ,opthe. proposed project and return this form by 10/25/17 to 406 Commerce Avenue. -Morehead `City Venue.-MorebeadCity. NC 28557 (fax: 252447-33301. Ifyou have any questions regarding' the proposed project, please contact Ron Re ";Oal At di 1 (2 52) 264� 3901, Wh6ii.Appr,-opr7iate,,ftl-deo.th,comments with supp orting data aid.requested. REPLY: —This agency has no objection to therprqject as=proposed This agency has no comment onthe proposed project. v✓"Th' is agency Approves, of the project only if the recommended changes are incorporated. 'gee attached. Ar-46, I W/f t. Ae, This agency objects to the project for reasons described 'in, the. attached comments. SIGNED DATE State of North Caultia I 13mvimmm6sital Quality{ Coatal Mwkeni6t 401 S. drifyin St., Sic 3061 Elizabeth City, NC27909 2512-264-39011M-331-Ml [fait] January 16, 2018 Regulatory Division Action ID No. SAW 2017-01243 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of the Town of Southern Shores for Department of the Army authorization to construct replace approximately 580 linear feet of bulkhead with associated backfill an average of 1 Ofeet waterward of the existing alignment to allow for the widening of Yaupon Trail, adjacent to Ginguite Creek, in Southern Shores, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities: Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Washington Field Office North Carolina Division of Coastal Management 2. 3. 4. 5. 6. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Town of Southern Shores (Yaupon Trail Improvements) LOCATION OF PROJECT SITE: Town owned property within the Yaupon Trail right- of-way, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. Photo Index —2006: 182-7227 (I,J 19-22) Lat/Long: 36.124690' N,-75.7419660 W (Northern intersection with S. Dogwood Trail) 36.121356° N,-75.7427700 W (Southern end of Yaupon Trail at turn around) INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/8/2017 Was Applicant Present - No PROCESSING PROCEDURE: Application Received Complete — 9/29/2017 Office - Elizabeth City SITE DESCRIPTION: (A) Local Land Use Plan - Town of Southern Shores Land Classification from LUP - Residential and Conservation (B) Areas of Environmental Concern (AEC) Involved: Public Trust Area (PTA) and Public Trust Shoreline (PTS) (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — n/a Planned — n/a (F) Type of Structures: Existing — Bulkhead, Boatlift/dock, asphalt roadway Planned — Replacement bulkhead, roadway replacement and widening (G) Estimated Annual Rate of Erosion: None Source - Applicant HABITAT DESCRIPTION: [AREA, square feet (ft2)] DREDGED FILLED OTHER (A) Shallow Bottom PTA AEC ±4,151 ft2 (B) Public Trust Shoreline AEC ±23,144 ft2 disturbed (C) Highground ±16,331 ft2 disturbed (D) Total Area Disturbed: ±43,626 ft2 (1.0 acres) (E) Primary Nursery Area: Yes (Designated by NC Wildlife Resources Commission) (F) Water Classification: SC Open to Shellfishing: No DECEIVED OCT 12 2017 DCM- MHD CITY Town of Southern Shores (Yaupon Trail Improvements) Field Investigation Report Page 2 8. PROJECT SUMMARY: The Town of Southern Shores proposes to replace ±580' of structurally failing bulkhead along a canal shoreline and then rebuild and widen Yaupon Trail. Project Setting The site of the proposed development is within the Yaupon Trail right-of-way in the Town of Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guile Creek. To access the site, turn north onto South Dogwood Trail at its intersection with North Croatan Highway (US 158) located ±0.6 miles east of the Wright Memorial Bridge. Head north on South Dogwood Trail for±2.1 miles at which point the intersection with Yaupon trail will be located on the west side of South Dogwood Trail. Yaupon Trail is a municipal dead-end road that is ±1,600' (0.3 miles) in length, has varying widths between 9' and 11' and terminates in a "L" shaped turnaround area. The right -of way area is±53,263 ft2 (1.22 acres) in size. Per the applicant, the existing roadwaywas constructed 35 years ago on a base layer of clay which is now causing undulations to occur on the roadway. In 2000 some repairs were made to the road; however, tree roots have undermined the existing road surface and it is in poor condition. The right-of-way area has elevations that range from ±1.7' to 10.3' above Normal Water Level (NWL) and is vegetated with yard grasses, loblolly pines, gum trees, wax myrtle and crepe myrtle. The shoreline along the right-of-way is ±1,525' in length. Approximately 1,230' of the shoreline has been hardened though bulkheading. CAMA General Permit #67629A was issued to the applicant authorizing the replacement of 496' of bulkhead 2' waterward of the existing wooden bulkhead. The remaining length of the existing wooden bulkhead is showing signs of rot and failure. Additional man-made structures along the shoreline include an existing boatlift and covered dock. The remaining unhardened shoreline, located at the landward end of the canal near the Yaupon Trail and South Dogwood Trail intersection, is undeveloped and unmaintained. This shoreline has an escarpment of V to 2' and wetlands do not exist along it. The adjacent riparian property on the north side is located at the end of the canal and contains a single-family dwelling with a shoreline that is both unhardened and hardened though wooden bulkheading. The adjacent riparian property to the south contains a single-family dwelling, a bulkheaded shoreline and a pier/platform. Existing water depths within the canal range from 5' below NWL at the center to 2.5' below NWL at the bulkhead with shallower depths near the end of the canal. The bottom substrate within the project area is made up of fine sands, silts and detritus with no Submerged Aquatic Vegetation (SAV) present. The waters of Jean Guite Creek and associated canal systems are classified as SC by the Environmental Management Commission, are not open to shellfish taking and have been designated as an Inland Primary Nursery Area (PNA) by the NC Wildlife Resources Commission. RECEIVED Development Proposal OCT 12 2017 The applicant is proposing a two-phase project. Phase one is to immediately l�cpe t�c� ITY bulkhead within an alignment that will facilitate Phase two. Phase two will inv v e re a ing and widening of Yaupon Trail as well as a 60' diameter cul-de-sac turn around area. Town of Southern Shores (Yaupon Trail Improvements) Field Investigation Report Page 3 . Phase One Five areas of new and replacement vinyl bulkhead are proposed along the shoreline. Factors considered for the proposed alignments include the proposed widening of Yaupon Trail, keeping tie -back installation outside of the proposed road footprint, providing a 10' shoulder buffer area and a cul-de-sac large enough for emergency vehicles to turn around in. Area #1 • Area #1 is located near the landward end of the canal along an unhardened section of shoreline. The proposed bulkhead alignment will have ±30' of bulkhead constructed waterward of NWL with an additional ±10' extending landward of NWL. The proposed alignment will have an average distance of ±1.9' waterward of NWL with a maximum distance of ±2.8'. Water depths within this area are shallow and average ±0.5' below NWL. This alignment will result in ±58 ftz of shallow bottom fill. Area #2 • Area #2 is located at the northern end of the existing bulkhead. The proposed bulkhead alignment will have ±64' of bulkhead constructed waterward of NWL with an additional ±4' extending landward of NWL on the north side. The south end of this alignment will tie into the vinyl bulkhead authorized through GP#67629. The proposed alignment will have an average distance of ±5' waterward of NWL with a maximum distance of ±7'. Water depths within this area average ±2.5' below NWL. This alignment will result in ±322 ftz of shallow bottom fill. Area #3 • Following the shoreline, area #3 is located ±188' south of area #2. The proposed bulkhead alignment will have ±230' of bulkhead constructed waterward of NWL. The north end of this alignment will tie into the vinyl bulkhead authorized through GP#67629 and the south end will tie into an existing bulkhead section not being replaced. The proposed alignment will have an average distance of ±6.7' waterward of NWL with a maximum distance of ±10'. Water depths within this area average ±2.5' below NWL. This alignment will result in ±1,540 ft2 of shallow bottom fill. - Area #4 • Following the shoreline, area #4 is located ±228' south of area #3. The proposed bulkhead alignment will have ±239' 147' of bulkhead constructed waterward of NWL. The north end of this alignment will tie into the vinyl bulkhead authorized through GP#67629 and the south end will tie into an existing bulkhead section not being replaced. The proposed alignment will have an average distance of ±4.4'waterward of NWL with a maximum distance of ±9'. Water depths within this area average ±2.5' below NWL. This alignment will result in ±646 ftz of shallow bottom fill. o M - Area #5 n • Area #5 is located at the end of Yaupon Trail at the "L" shaped turnaround area. The _ bZ M proposed alignment is semicircular in shape and totals ±107' in length. The north end p o C of this alignment will tie into the vinyl bulkhead authorized through GP#67629 and the Ci " M south end will tie into the existing bulkhead at the property line. The proposed v alignment will have an average distance of ±1 8.6'waterward of NWL with a maximum distance of ±31'. Water depths within this area range from 2' below NWL adjacent to Town of Southern Shores (Yaupon Trail Improvements) Field Investigation Report Page 4 the bulkhead to 3.5' below NWL within the alignment area. The average water depth is ±3' below NWL. This alignment will result in ±1,585 ftz of shallow bottom fill. • Phase Two The existing roadbed will be removed and a 16' wide aggregate base will be installed with a 14' wide asphalt road surface. The proposed asphalt roadway will be offset >_10' from the bulkhead alignment along its entire length to provide a road shoulder for both vehicle recovery and to act as a stormwater basin infiltration area. At the end of Yaupon Trail (Area #5), a cul-de-sac will be installed with a 60' diameter aggregate base with a 58' diameter asphalt surface. Existing impervious area within the Public Trust Shoreline AEC is ±13,951 ftz (33%) and the proposed roadway will increase this area to ±20,870 ftz (49%). Existing impervious area for the entire right-of-way is ±19,903 ftz (37%) and the proposed roadway will increase it to ±27,097 ftz (51 %). The area of disturbance associated with the road widening is ±39,475 ft. Anticipated Impacts • The construction of the bulkhead along the proposed alignments will result in the cumulative filling of ±4,151 ftz (0.095 acres) of open waters within the Public Trust Area AEC with clean fill from an upland source. • The construction of the bulkhead along the proposed alignments will result in the cumulative placement of ±410 cubic yards of fill material below NWL. • The project will disturb ±39,475 ftz (0.9 acres) of highground area • Proposed impervious surface area within the Public Trust Shoreline AEC is ±20,870 ftz (49%). Proposed impervious surface area within the entire right-of-way is ±27,097 ftz (51 %). Cumulative Impacts • CAMA General Permit #67629A was issued on 12/1/2016 for 496' of replacement bulkhead 2' waterward of the existing bulkhead. Impacts from this permit include ±992 ftz of fill within the Public Trust Area AEC and ±4,960 ftz of Public Trust Shoreline AEC disturbance. Submitted by: Ron Renaldi Date: October 3, 2017 RECEIVED OCT 12 2017 DCM- MHD CITY N Domestic "llail Only u1 OEM, , ! -0KID C-2149, 'fir... a. if M !-." o cmr•dr e ""$3.35 b44 slm f— Fxga services BFees Mi•armGWrr ❑Pelum Pxatin, l�:,ramrry) s O ❑Return Pvoiv4dacnonkl .,yµ,_ Sam �' •ru Pe94nMk g ❑CpolXttl k,ailP AkIW �rYery s. t,nn % 0• ❑aurae 3erutucP yu� 9-_"k}.-$�1." �i i paam, sinrawaRewueaoeverrs '�,l1SP. Postage E2,24 C3 It7/27J2OS7 Total Postage ,,.34 $ rq sem To -'YcY -- 0 siJeeiendap'"'Aw:; e `a,° ,z,-) 2 7 9H� Postal .' CERTIFIED MAIL" RECEIPT ru Domestic .n .n m KIT, HAWl -j �' ,27949 A L' r a s 7o canaiedMa.lFe- rv.3 r..- 044,9(y 1v,{' 6 Rt 1'(1' Fx sary Des &Fees Kxc.w au I� ❑ RMvn PewW,nu°aav7`� �i..,. O �eMiMMdRmIMa1 a9�NW`( 2 3*aT.i�?— a'�Y N (]AdYt Sgyialur.NexinclW $______v Postage 7 .1 .._4 C3 rn S as ,2417 Total Postage amtrwa�r 4ii.34 = in sent To �1 ,i• ,t,, f// G SFeei and`AWVfFV Ott t KT ■ Complete items 1, 2, and 3. "' "'""--� / Agent `/ ■ Print your name and address on the reverse 7( �y,� O ` t(�LP" so that we can return the card to you. S. Received by (Prl eme) Del ■ Attach this card to the back of the maI piece, �' ' or on the front if space permits. > C!G t C> ll 1. Article Addressed to. D. Is delivery address different from item 17 ❑ Yes J f If YES, enter delivery address below ❑ No e Sou�(-i-/her-n o``rcttsy �-+�gc((Ejq j�j1 syn� 0RegisteedMal � �Ilil���l111�11'�11�1I'1�'III'�'��1�'IIII 0Aaev lilt Signature Restricted Del" ❑ islered Mail Restricted'.. ��r 0590 9402 1609 6053 1099 29 ,tired WHO Certified Meii RostrlcW DalNery ❑Bailin Rgptfw Merarandim 2. Article Number (Transfer froth Service label} ❑Cdiecton Ddrvery ❑ Collect on Deilvery Restricted Delivery ❑ sigmtum C fla ationTM "'sued ❑ signature contlrmation 7015 1730 0001 3043 6528 Mail a d M41 Restricted Delivery Restricted Delivery SM PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic, Return Receipt =.. ■ complete items 1, 2, and 3. is Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: t—nw, , y,'11e ru;ller CC) Pon T'«% 1 S��ern Ssj a-o-tq�9 li��l�l�' Ii�il IIIIIIIIII1ltlll�il Il�lll I I11III 4,590 9402 1609 6053 1099 36 7015 1730 0001 3043 6627 PS Form 3811, July 2015 PSN 7530-02-000-9053 If from Item i4 u yes ss below. ❑ No 3. Service Type 17 Riority Mall ExptesEG% El Adult Signetue El Registered MW— lilt Sig naturenestricted Delivery ❑ Registered Mail Restricted e❑ hired Maip Cedlfied Mail Restricted Delivery Ddaery ❑Ilafl�epa�lPtfor El Collecton Delivery CI Golieet an De1Ne Restricted DeRIM9 ❑SI nnWre ConWmatIon*• surod Mzil ❑signature coof natlan sued Mad' Restricted Delivery Restricted Delivery T,.ter ssrbt - 'xs � -1 ("1 12 2017 DCMm MHD CITY `"P 2 � 7017 PROJECT NARRATIVE Town of Southern Shores &Yaupon Trail improvements Bulkhead Replacement July 25, 2017 Protect Description: ss the tans are to The purpose Yaupon T ail ad located along in Southerf this n Shores,t is to dDare County, North Carolina. ireli nka.and in The afuture oject plans immediately replace the rebuild the adjacent deteriorating bulkhead access t roahe d. The existing bulkhead is in entirely replaced. rapidly dclinin to lane rneedsoad besolvea serrious[ife safety iphase issue regarding rebuild the existing narrow ence along sting h of sid emergency vehicle access makes R extremely difficut forfirefire trucks and lambu alnces to the road is Y bywhich poses a quickly access the residence during rinan emergency erg replaceme tars to be 14' by 16'pwide aotential threat to human life. The proposed p vehicles. allow for safe passage of emergency Site De�rption' rown of Southern Shores. The Yaupon Trail is a road and right-of-way T ail and s adjacthe ent to a navigable canal road is located off of South Dog woodconnected to Ginguite Creek and the Currituck Sound. Yaupon Trail is a dead end roe d-U' shaped that ranges in width road is not fromsuitable for two way t ain and the turnaround tarear suinsufficient and existing unsafe for large vehicles. ncanal shoreline has an classified as Primary Nursery Areas (PNThe manmade connected to Giguite Creek have both been Ginguite Creek and manmade canal conne existing deteriorating wooden bulkhead thh Tt runs own of parallel erin th Shores.n Trail. The existing bulkhead is owned and maintained by theThe existing roadway (Yaupon Trail) was constructed 35 years ago on a base layer of clay which is an inferioloads, which hasybecomes made significant calleable when it nt undulations becomes existing ated it will flex under heavy poor condition. road facthle road ssome urfacerand the existing roadsurfaces inivery pro later tree roots undermined Alternative Analysis: Two design alternatives have been examined by the Town Engineer Joseph J. Anlauf, P.E. of Anlauf Engineering, PLLC which would meet the Town of Southern Shores street for residence and emergency vehicles. rebuild standards and NCDOT standards. Major design requirements are needed o RECE,IvED meet these standards and provide safe passages to The cul-de-sac must provide enough space for vehicleuThe p oposed reconstructed roadway, without having to back up or leave the pavement. OCT 10 2017 important design features. One desiere gn bulkhead location will provide several very p zone ��� C,-Tyfeature is the creation of a road shoulder, which acts as a recovery DCM- 0 can safely move off the road in case of an emergency. Another important design feature of the road shoulder would be the creation of shallow stormwater infiltration basin areas that will allow for collection, treatment, and disposal of stormwater runoff prior to entering adjacent surface waters. The proposed bulkhead location will also allow the tie -backs or "deadman" to be installed, outside the road surface, so they can be maintained if needed to keep potential construction costs down. For the above mentioned reasons some locations of the proposed bulkhead would need to be over 2' waterward of the existing bulkhead and would require some filling within the existing manmade canal. Below are the results of the two design alternatives: Design #1 Under this design alternative a 12' offset from the proposed edge of pavement was used to determine the proposed bulkhead alignment. Under this scenario, a 16' wide road was examined and a 70' diameter cul-de-sac was used to determine overall impacts to the canal. This design configuration resulted in the following impacts: Table 1 — Alternate #1 Bulkhead Backfill Area Fill Footprint Area #1 127 square feet Area #2 368 square feet Area #3 1,347 square feet Area #4 621 square feet Area #5 2,789 square feet Total 5,252 square feet The proposed design for this alternative would fill 5,252 square feet (0.12 acres). This would exceed the 1/10 acre limit under the US Army Corp of Engineers (USACOE) Nationwide #18 guidelines and would require the processing of an Individual Permit with the USACOE. Design #2 Under this design alternative a 10' offset from the proposed edge of pavement was used to determine the proposed bulkhead alignment. Under this scenario a 16' wide road was examined and a 60' diameter cul-de-sac was used to determine overall impacts to the canal. This design configuration resulted in the following impacts: Table 2 — Alternate #2 Bulkhead backfill Area Fill Footprint Area #1 58 square feet Area #2 322 square feet Area #3 1,540 square feet Area #4 646 square feet Area #5 1,585 square feet Total 4,151 square feet OCT 10 2017 ®CIS® Ma D CITY `EP 2 9 7017 11) �.�J r shunder pthe proposed alceflimit for USACE Nar this alternative tionwide #18 guidelines, anduld fill 4,151 square feet 0w 5 achieve ahis majority of the design goals for the project. Upon review of the two alternatives, it is the recommendation of the town engineer to pursue alternative #2. SUBMERGED AQUATIC VEGETATION (SAV) ANALYSIS: Atlantic Environmental Consultants (AEC) staff evaluated the project area for the presence of submerged aquatic vegetation (SAV) within the proposed project areas. The following are the sampling procedures and results: 15 one meter sample points were taken. SAV sampling work took place on July 18, 2017. Water depths range from 0.5 to 3.5 (see site plan for more details)Water mperature was 86 . • Sample areas are located indegrees work areas 1-5 as indicated in site pan. ly 18, In sample AEC staff observed no SAV growth within in the location off the proposed u 201 bulkhead or backfill areas as well as the adjacent canal. DETAILS FOR PROJECT: Proposed impacts within Public Trust Waters: ...................580 linear feet Vinyl Bulkhead ...••••••.••••••••••• ........................ 4,151 square feet Backfill in Canal......................................... Existing & Proposed impacts within the 30, DCM Buffer & Right- 5 W63•square feet Project Right -of -Way Area . • 42443 square feet 30' AEC Area within Right -of -Way •.. 1 ,441 square feet Existing Asphalt Road and Driveways in 30' AEC .. ,95 Proposed Asphalt Road and Driveways in 30' AEC ................. 20,870 square feet Proposed impervious Area within ROW . 27,097 square feet Impervious Coverage Calclutations: 1 g g03/53,263 = 37% Existing Impervious area in Right -of -Way: Existing Impervious area in 30' AEC: 13,95127 09 3 = 33% = 51 % Proposed Impervious Area in Right -of -Way: Proposed Impervious Area in 30' AEC: 20,870/42,443 = 49% The above calculations have been determined using Auto CAD program and this information was taken from a site plan information provided by Anlauf Engineering, LLC and Deel Engineering, PLLC. RECEIVED OCT 10 2017 DCM- MHD CITY Received ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P:O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 Phone/Fax CERTIFIED MAII. RETURN RECEIPT REQUESTED July 25, 2017 Mildred Roughton 139 Yaupon Trail Southern Shores, NC 27949 Dear Mrs. Roughton, +.li. ,31 7J37 DOWEL The Town of Southern Shores is applying for a CAMA Major permit to replace an aging bulkhead and address the widening of Yaupon Trail. The project is located along the length of Yaupon Trail adjacent to a manmade canal that connects to Ginguite Creek and the Currituck Sound in Dare County, Southern Shores, North Carolina. The specifics of the proposed work are in the enclosed application and drawings. As the adjacent riparian property owner to the aforementioned project I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this project, please send your written comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 1367 U.S. 17 South, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments will be considered by the department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-599-2603, or e-mail me at dougdaec(ugmRECEail.com. P' Sincerely, OCT 10 2017 DCM— MHD CITY oug orman SIGNATURE DATE wfo✓`c^ 0, Received ATLANTIC ENVIItONMENTAL CONSULTANTS, LLC P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 Phone/Pax CERTIFIED MAEL RETURN RECEIPT REQUESTED July 25, 2017 Edwin & Camile Miller 162 Yaupon Trail Southern Shores, NC 27949 Dear Mr. & Mrs. Miller, DO - C The Town of Southern Shores is applying for a CAMA Major permit to replace an aging bulkhead and address the widening of Yaupon Trail. The project is located along the length of Yaupon Trail adjacent to a manmade canal that connects to Ginguite Creek and the Currituck Sound in Dare County, Southern Shores, North Carolina. The specifics of the proposed work are in the enclosed application and drawings. As the adjacent riparian property owner to the aforementioned project I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this project, please send your written comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 1367 U.S. 17 South, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments will be considered by the department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-599-2603, or e-mail me at dougdaec@gmail.com. Sincerely, Doug Dorman SIGNATURE DATE BEDEWED OCT 10 2017 DCM_ ►►4HD CI7-y MENTAL CONSULTANTS, LLC $6, Kitty Hawk, NC 27949 261-7707 PhoneJFaa CERTIFIED MAIL RETURN RECEIPT REQUESTED Mildred Roughton 139 Yaupon Trail Southern Shores, NC 27949 Dear Mrs. Roughton, Received zA 2 9 7017 The Town of Southern Shores is applying for a CAMA Major permit to replace an aging bulkhead and address the widening of Yaupon Trail. The project is located along the length of Yaupon Trail adjacent to a manmade canal that connects to Ginguite Creek and the Currituck Sound in Dare County, Southern Shores, North Carolina. The specifics of the proposed work are in the enclosed application and drawings. As the adjacent riparian property owner to the aforementioned project I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this project, please send your written comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264-3901 within 30 days of your receipt of this notice. Such Comments will be considered by the department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-599-2603, or e-mail me at dougdaec@gmail.com. Sincerely, Doug Dorman SIGNATURE DATE RECFiRVED OCT 10 2017 DCM- M6 `:TY IUSPS.cofT6J - USPS Tracking® Results https://tools. usps.com/go/'rrackConf irmAction?tRef=fullpage&tLc=... I of 3 USPS Tracking Results Track Another Package + FAGS >(httpJ/faq.-aps.coMtarUclaid.2209" Tracking Number: 70151730000130436566 ® 9 Delivered Product & Tracking Information See Available Actions Postal Product Features: First -Class Mails Certified Val — See tracking for related Item: 9590940215095053109875 (/gorrmckConOmNctlonttLabele=9590940216098053109875) DATE a TIME SrATUS OF REM LOCATION September 1, 2017, 2.35 pm Delivered KITTY HAWK, NC 27W I& Your item was delhrered at 2:35 pm on September 1, 2017 H KTrrY HAWK, NC 2790. August 30, 2011,12:11 pm Notioe Lea (No Authorized Recipient KTrTY HAWK, NO 27949 Available) Augusi 3q 2017, 10A1 am Out for Delivery KITTY HAWK, NC 27NO August 30, 2017. 10:31 am Sorting Complete KITTY HAWK, NC 27949 August 30, 2017, 1090 am Arrived at Unit KIM HAWK, NC 27949 August 29. 2017, 9:11 am In Transit to Destination ON rr5 WAY TO KITTY HAWK NO 27949 August 28, 2017, 9:11 am In Transit to Desilnsilon ON ITS WAY TO KTrrY HAWK, NC 27949 August 27, 2017, 9:11 an In Transit to Destination ON ITS WAY TO KITTY HAWK, NO 27949 August 20, 2017, 9:11 pm Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER August 26, 2017, 8:13 pm Arrived at USPS Regional Facility RALEGH NO DISTRIBUTION CENTER August 26, 201 pm Depleted Post Office KITTY HAWK NO 27949 August 26, 2017, 11:18 am USPS In possession of kern KITTY HAWK NO 27949 RECEIVED Sea UmA Available Actions OCT 10 2017 DCM- MHD CITY Remove X 10/3/2017 5:02 PM $3.35 -1rJ449 $ Extra SsrviFRwOded Return Rony) $ kl�.t 00Return Rnic) $ $@•}Postmark❑ r Cadllied Dellvery $ Here Adult Signature Raquir tl $ 01 Muir Signature Resttictad Oellveq s iT.- V Postage $ Sri. 49 08/26/201 % Total Postage and Fees $ $6.59 C_ Edwin & Camile Miller 162 Yaupon Trail Southern Shores, NC 27949 Dear Mr. & Mrs. Miller, NTAL CONSULTANTS, LLC i61 Kitty Hawk, NC 27949 261-7707 Phone/Fax CERTIFIED MAIL RETURN RECEIPT REQUESTED AUG 2 3 'BV The Town of Southern Shores is applying for a CAMA Major permit to replace an aging bulkhead and address the widening of Yaupon Trail. The project is located along the length of Yaupon Trail adjacent to a manmade canal that connects to Ginguite Creek and the Currituck Sound in Dare County, Southern Shores, North Carolina. The specifics of the proposed work are in the enclosed application and drawings. 0-F1 As the adjacent riparian property owner to the aforementioned project I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections or comments concerning this project, please send your written comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264-32901 within 30 days of your receipt of this notice. Such Comments will be considered by the department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-599-2603, or e-mail me at dougdaec@gmail.com. Sincerely, Doug orman SIGNATURE DATE RECEIVED OCT 10 2017 DCM, MH® CITY USPS.corri USPS Tracking® Results https://tools. usps.corn/goarackConfirmAction?tLabels=701517300... USPS Tracking Results FAOe >(httpJ/faq..aps.c.nV?articlald=220900) hack Mother Package + Remove X Tracking Number. 70151730000130436559 Delivered Product & Tracking Information See Available Actions Postal Product Features: First -Class Mail® Certified Mall - See tracking for related hem: 959094021909SM1 Dial pgoRreckConfirmAction?t"a lm950OM02190990531091 DATE & TIME STATUS OF REM LOCATION August 31, 2017, 9:02 am Delivered KITTY HAWK, NO 27949 A& Your Kam was delivered at 9:02 am on August 31, 2017In KITTY HAWK, 141027940. August 28, 2017, 11:11 am Notloe Left (too Authorized Redplerrt KITTY HAWK NC 27949 Available) August 28, 2017, 0:08 sm ON for Delivery KITTY HAWK NO 2790 August 28, 2017. 8:58 am Sorting Complete KfTTY HAWK NC 27949 August 28, 2017, 8:56 am Arrived at Unit KITTY HAWK NO 27949 August 28, 2017,4:50 am Departed USPS Regional Facility ROCKY MOUNT NC DISTRIBUTION CENTER August 27, 2017. 4:54 pm Arrived at USPS Regional Facility ROCKY MOUNT NO DISTRIBUTION CENTER August 27, 2017, 9:11 sm In Transit to Destination ON ITS WAY TO MM HAWK NO 27949 August 25, 2017, 9:11 pm Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER August 26. 2017, 8:01 pm Arrived at USPS Regional Facility RALEIGH NO DISTRIBUTION CENTER August 28, 2017, 4S2 pm Departed Post Office KITTY HAWK NO 279" August 28, 2017, 11:16 am USPS in possessionMCF1 KRTY HAWK NO 27949 -lVED See Lew ^ OCT 10 2017 DCM- MHD CITY 1 of 3 10/3/2017 5:01 PM I! Coastal Management ENVIRONMENTAL QUALITY October 4, 2017 Peter Rascoe, Town Manager Town of Southern Shores 5375 Virginia Dare Trail Southern Shores, NC 27949 Dear Mr. Rascoe: ROY COOPER u... "Imr MICHAEL S. REGAN Srcrermy BRAXTON C. DAVIS Director The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located Yaupon Trail in Dare County. It was received complete on September 29, 2017, and appears to be adequate for processing at this time. The projected deadline for making a decision is December 13, 2017. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from September 29, 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to poRKPJ4FED could result in an incomplete application. OCT 10 2017 `Nothing Compares - Slate of North Carolina I Fmironmental Quality I Coastal Managetnrnt DC M e M H D CITY 401 S. Qiiffin St., Ste 300I Elisabeth City, NC 27909 252-264-39011252-331-2951 ifiml IV Nl Town of Southern Shores October 4, 2017 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Ron Renaldi, Field Representative, if you have any questions and or if you wish to receive a copy of his field report. Sincerely, ,��(/ i FF�rik Je ings District Manager, Northeastern District NC Division of Coastal Management FJ/eg Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, DCM, Elizabeth City, NC Doug Dorman, Atlantic Environmental Consultants, LLC O C T 10 2017 DCM- MHD_CITY __ r \T(1'1'IC1. AMA PERMIT APPLIED F R PROJECT: Replace 580' of structurally failing bulkhead along a canal shoreline and then rebuild and widen Yaupon Trail as well as a 60' diameter cul-de-sac turn around area. COMMENTS ACCEPTED THROUGH oetoaer28, 2017 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Peter Rascoe, Town Manager Ron Renaldi Town of Southern Shores Division of Coastal Management 5375 Virginia Dare Trail 401 S. Griffin Street, Suite 300 Southern Shores, NC 27949 Elizabeth City, NC 27909 252-261-2394 ti K�ra Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals thecoastlandtiIn es. net ROY COOPER G,wernor MICHAEL S. REGAN S11111•Ir,.. BRAXTON C. DAVIS Director FROM: Ella Godfrey DATE: 10-4-17 SUBJECT: Public Notice: The Town of Southern Shores Please publish the attached Notice in the Sunday, October 8, 2017 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy tian NC Division Of the published notice, an a rigi al in oic ee t nue,e1Moeheadissa sCity, NC 28557, of Coastal Management, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Sarah Young, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVED OCT 10 2017 DCM- MHD CITY —Nothing CoG1Pa"es --... State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St Site 3 492E9 Elizabeth City, NC 21909 5 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 9-29-17. The Town of Southern Shores proposes to replace 580' of structurally failing bulkhead along a canal shoreline and then rebuild and widen Yaupon Trail in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 10-18-17 , will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, October 8, 2017 OCT 10 2017 r0CM ilIT MAJOR PERMIT FEE MATRIX Applicant: /oL..1,4 .F Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial ❑ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands Ill or open water areas: 11. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below a lies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3900 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3900 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) E D 3900 (see attached) could , `P� be applied, but DCM staff determined that additional OC i 10 2017 review and written DWQ concurrence is needed because of concerns DCM;. WHO CIT related to water quality or aquatic life: III(D). If General Water Quality. Certification No. $400 60%($240) 40%($160) C 3900 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or Ill open water areas: AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Tc✓+, a .Sry wnGiCJ7N5' Mailing Address: �537-� Al Phone Number: Email Address: SA, -,-ems /tic_ �YGzSe°�Ptd.9`q✓�7L-Pvril[aF`Nl pylL_ ryc v I certify that I have authorized to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at i furthermore certify that / am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Titl 2 Date This certification is valid through Q'7 / RECEIVED OCT 10 2017 Dcki- �mii� ci i Y JUL 3 T 20p t'" GtM -EC 4LC Toe. AEdyDed From—. REF. Wood, CEKPW$d94 Date- May fly, 2017 ECG: WdfaudsonYsuponTmff On May a 2017, I met with the U.S. Army COW of ER&eersto revLew roadway .. n WVrovemern afougm .arnon Tral More :fic ed the n. .. o rar die tenniflafton of the 9ua `M na as ft Sir:., ~ LCEIVED OCT 10 2017 DCM-, M"M CITY Envicownental Professionals, Inc- P.O. Boa 3368 Kill Bevil Hills, NC 27948 Telephone. 252-44141239 *** Fax: 252-44I-0721 Email. oftwood aD9ahoo.eom ***This is a word processing form to be completed In Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet AT,WMAl yl Date: 10/5/2017 Applicant: Town of Southern Shores Project Site County: Dare staff., Ron Renaldi District Elizabeth Ciry Washington ❑Morehead Ciry El Wilmington Project Name: Yaupon Trail Improvements Rover File: Date of initial application submittal (EtL 1/!2 7/31/2017 Date application "received as comp lete'!n the Fleld office (EJC: 1/t22007): 9/29/2017 Permit Authorization: CAMA Dredge & Flll Both e.rC necnatD77AN/PFRMIT INFORMATION V..Y v-vv.... ..-'--- ------- - -- PNA: ®Yes No Photos Taken: Yes N Setback Required (riparian): YeED No Critical Habitat: Yes ❑No ❑Not Sure 15 foot waiver obtained: Yes ®No E]Yss ®Notcation Returned: SAV. Yes ®No Not Sure Shell Bottom: Yes No ❑ Not Sure Temporary Impacts: Yes No Sandbags: ❑Yes No ❑ Not Sure Did the land use classification come from county LUP:®Yes ❑No Mitigation Required (optional): []Yes ®No Moratorium Conditions: Yes No ❑NA Environmental Assessment Done: ❑Yes ❑No ®NA oernunAcv we rFR rLASSIFICATION — OPTIONAL (choose MAX of 4) .kfm� iueAl Yvn r„ (404) Co/p, of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) SS Glasawort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina cynosuroldes) altemil/ora) (DS) Salt or spike grass (Dia lls (SC) Bull or three square (Scltpus (TY) Cattail (Typha sp.) spicata) SO (JR) Black needlerush (Juncus (Sp) SaWmeadow grass (Spartina roemerianus) patens) .. 1, .T...., CCc wrrr.vr...v... �- No fee required - $0.00 ❑ 111(A) Private w/ D&F up to 1 acre; 3490 can be applied - $250 r comm w/ D&F to 1 plied - $400 MinorModificationtoaCAMAMajor Major Modification toa CAMA Major FIVAny 75 nvolving D&F of E permit - $100 permit - $250 Permit Transfer - $100 III(B) Public or commercialermit - $2000 acre; 3490 can be applied - $400 REGEIVED Major development extension request - 11. Public or commercial/no dredge $100 and/or till - $400 1. Private no dredge and/or M - $250 111(C) Pdv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWO agreement - $400 DC M- 232.808-2608 :: 1.888dRCOA8T :: www.neciastalmanagement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant. Town of Southern Shores Date: 1015117 Describe below the ACTMTIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One Bulkhead (not New Work Replace 30 1 4 1.9 mhw vinyl) Maint ❑ ❑ Y ON Bulkhead (not t New Work 0 Replace 64 1 5 5 mhw vinyl) Maint ❑ ❑ Y ON Bulkhead (not New Work 0 Replace 230 1 5 6.7 mhw vinyl) Maint ❑ ❑ Y ON Bulkhead (not New Work N Replace 147 1 5 4.4 mhw vinyl) Maint ❑ ❑ Y ON Bulkhead (not New Work N Replace 107 1 5 18.6 mhw vinyl) Maint ❑ ❑ Y ON Fill (Shoreline New Work 0 Replace 410 Stabil. Below Maint ❑ ❑ Y ON H2O level) High Ground New Work 0 Replace 987 40 Disturbance Maint ® N Y ® N New Work Replace Maint❑ ❑Y❑N New Work U Replace Maint❑ ❑Y❑N New Work Replace Malnt❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N New Work Ej Replace Maint❑ ❑Y❑N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑Y❑N New W—orkrr Replace Maint ❑ JOYON New Work Replace WIN[] ❑Y❑N New Work Replace Maint❑ ❑ Y ❑ N New Work Lj Replace Maint❑ ❑Y❑N New Work Replace Maint❑ ❑Y❑N New Work Replace, - Malnt ❑ ❑ Y ❑ N New Work Replace (, T 2017 Maint ❑ ❑ Y ❑ N New work Replace DCM�- �vd" D CITY Maint ❑ ❑ Y ❑ N revised Nov. 2012 1 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant. Town of Southern Shores Date: 1015117 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. ., 1_ 1, eINAL Sn Ft TOTAL Feet FINAL Feet DISTURB TYPE Habitat Name I Choose One SB Dredge ❑ Fill ® Both ❑ Other ❑ SH Dredge ❑ Fill ® Both ❑ Other ❑ HIS Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 'sturbance total includes any anticipated restoration or temp impacts) 4151 580 39475 252-808.2808 :: 1.888-4RCOAST :: wwvr.nccoastal^_tan—aaemenl.oet Inticipate .final (Applied for. (Anticipated final disturbance. Disturbance disturbance. Excludes any total includes Excludes any restoration and/or temp restorationnrtor p impactndror terestoration m act amount tem im cis amount 4151 580 39475 RECEIVED OCT 10 2017 DCM- MHD CITY revised: Nov. 2012 i �ecei ed DCM-EC it <fiLi! 30' I ROAD L 10' WIDE ' spGG3l+f CROSS SECTION A -A NTS V I% V %d � � I I V l\ V V NTS BULKHEAD & TOWN OF YAU ATLANTIC TOWNSHIP - D, o' GRAPHIC SCALE 1"= NTS Receive aUC 2 0 2017 D ME CROSS SECTION C—C NTS D1I_YYl1 CROSS SECTION D-0 NTS BULKHEAD & TOWN OF YAU ATLANTIC TOWNSHIP - D) o' GRAPHIC SCALE 1"=NTS ru r. e, 'I n' v A I Ill kI 'ATE , /QR M9 f] ,.11r . i tocei ed DMEC CROSS SECTION E—E NTS BULKHEAD & TOWN OF YAL ATLANTIC TOWNSHIP - C o' GRAPHIC SCALE 1 "= NTS cur. orn7 cc vni lPnAl nnw 7/99;/17 RFNARFD. Reu-eived .I+UG 3 9 21117 MI -EEG RECIENED OCT 10 2017 Dcm- MHD CITY Ilia BULKHEAD & ROAD CROSS SECTIONS TOWN OF SOUTHERN SHORES YAUPON TRAIL ATLANTIC TOWNSHIP — DARE COUNTY — NORTH CAROLINA SCALE 1"= NTS ATG4NT/C ENV11f0NMENT,4L CONSULTANTSt LLC P.O. BO.r 3266, KITTY h,4WK, N 0 1790 (252)261-7707, e moil dougdoecL9gmailcom GII F• )nl7 QC VAI IPON nATP 7/7Fi/17 RF%Agpn• Received AUG 2 8 2017 CMaElC CROSS SECTION D—D NTS o' BULKHEAD & ROAD CROSS. SECTIONS TOWN OF SOUTHERN SHORES YAUPON TRAIL ATLANTIC TOWNSHIP — DARE COUNTY - NORTH CAROLINA GRAPHIC SCALE 1 "= N ATLANTIC ENl//RONMENTAL CONSULTANTS, LLC P.O. BOX 9266, KITTY 114#K, #C. 27949 (252)261-7707, e moil dowdoen9gmoil com FILE: 2017 SS YALIPON DATE 7/25/17 REVISED: ROAD LOCA WIDTH VARIES 3ECEWC0 OCT 10 2017 � C M,- MHD C1ITY 60• PROPOSED BULKHEAD ASPHALT SURFACE CROSS SECTION E-E NTS BULKHEAD & ROAD CROSS SECTIONS TOWN OF SOUTHERN SHORES ATLANTIC TOWNSHIP GRAPHIC SCALE FU F- 9017 SS YAUPON DATE 7/25/17 YAUPON TRAIL - DARE COUNTY - NORTH CAROLINA _.. -- - ATLANTIC EM<INOMMEMTAL CONSULTANTS, LLC 1 "= NTS P.O. BOX 9266, K/7TY HAWK, N.C. 27949 �252)261-7707, e-mail douydoecCggmo/lcom REVISED: Rece4ved AUG 2 9 2017 D('ki-EC 30' R/W EXISTING ROAD LOCATION 10' N9DE 6' 7' 14' 1' 9' PROPOSED ASPHALT ROAD SURFACE FINISH ED GRADE AGGREGATE SASE COURSE, EXISITNG GRADE`````\ y '.-. PROPOSEDBACKFILL- PROPOSED322. SF. IN CANAL TIE BACK PROPOSED CROSS SECTION B—B VINYL SHEATHING NTS RECEIVED OCT 10 2017 DCM- MHD CITY PROPOSED BULKHEAD -3.0' lTNG CANAL BG7142M BULKHEAD & ROAD CROSS SECTIONS TOWN OF SOUTHERN SHORES YAUPON TRAIL ATLANTIC TOWNSHIP - DARE COUNTY - NORTH CAROLINA o' GRAPHIC SCALE 1"= NITS ATLANTIC ENV/RON1VfNTAL CONSULTANTS, LLC P. 0. 90.r J266, KITTY 114WK, N. C. 27949 (252)261-7707, e-mail dougdoecOgmal.com FILE: 2017 SS YAUPON DATE 7/25 /17 REVISED: AUG 2 9 2017 CROSS SECTION D-D NTS GR BULKHEAD & ROAD CROSS SECTIONS TOWN OF SOUTHERN SHORES YAUPON TRAIL ATLANTIC TOWNSHIP — DARE COUNTY — NORTH CAROLINA SCALE 1"= NTS 47LAN7/C Z-NV1lRONMEN7AL CONSULTA/V7S, LLC P.O. 90.Y J266, VrTY H4( 911( N.C. 27949 (252)261-7707, e moil dougd0ec®gmoi1 Com FILE: 2017 SS YAUPON DATE 7/25/17 REVISED: G Received a; d 9 io;? C Ml-FC 60' CUL—DE—SAC G ROAD LOOP V7DTH VARIES PROPOSED BULKHEAD PROPOSED ASPHALT ROAD SURFACE — .. , '.. ..,ram• „ =.•. '�. �, - ' -- �.. F.17SITNG�GRADE . .=.. ..� :..`•: .',y: ;:.. ,',- ,'� 1�1V� AGGREGATE BASE COURSE - � I Y I11 _.-•,. ..:x�-,., :";, Y_..;.. � y. 2?—"•��,(}+Yn�,.���}...S.t1`•: —...—..._ .—...—... ..—.s ._: :.'..`_w`v_.�31.,.•r-•t.^+-Y`Y4"i �-�L�l.�`rr��:,uC •'t I -tI Y 11 • .,,•.,mow`, -!' � 1' I I, TIE BACK `, NA{ ExISITNC CAL B_oTTOM i I PROPOSED BACKFILL __ 1,5P# SF IN CANAL PROPOSED L I�SBS S� TIE BACK F. asMVG BULHEAD � j RhYL PROPOSED TO BE REMOVED M VINYL SHEATHING RECEIVED OCT 10 2017 DCM- MHD CITY CROSS SECTION E—E N TS BULKHEAD & ROAD CROSS SECTIONS TOWN OF SOUTHERN SHORES YAUPON TRAIL ATLANTIC TOWNSHIP - DARE COUNTY - NORTH CAROLINA a. GRAPHIC SCALE 1 "= NTS ATLANT/C ENV/RONMENTAL CONSULTANTS, ZZC PO. 90.Y 3266, K/TTY HAWK, N.C. 27949 (252)261-7707, e-mail doagdaec®gmailcom FILE: 2017 SS YALIPON DATE 7/25/17 REVISED: k DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Southern Shores (Yaupon Trail Improvements) ECT SITE: Town owned property 2. LOCATION -way, Dare Counnty,ladjacent toa man-made canal that within l ofads to Jean Gu to Creek Photo Index — 2006: 182-7227 (I,J 19-22) Lat/Long: 36.1213560 N,-75.7427700 W (Southern end of Yaupon Trail atntersection with S. urn around) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Wates s of Site tisit—Pres/8nt / 017 No 5. PROCESSING PROCEDURE: Application Re City e ReceivedComplete— 9/29/2017 Ouffic 6. SITE DESCRIPTION: of (A) Local Land Use Plan16w;of uthernShores 6C) l and Conservation Land Classification from L valved: Public Trust Area (PTA) and (B) Areas of Environmental Concern Public Trust Shoreline (PTS) (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing -r Planned — n/a (F) Type of Structures: Existing — Bulkhead, Boatlift/dock, asphalt roadway Planned — Replacement bulkhead, roadway replacement and widening (G) Estimated Annual Rate of Erosion: None Source - Applicant 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] DREDGED FILLE (A) Shallow Bottom PTA AEC 17 ±4,151 ft2 (B) Public Trust Shoreline AEC (C) Highground (D) Total Area Disturbed: ±43,626 ft2 (1.0 acres) (E) Primary Nursery Area: Yes (Designated by NC Wildlife (F) Water Classification: SC Open to Shellfishing: ±23,144 ft2 disturbed ±16,331 ft2 disturbed Reso ('e No OCT 10 2017 Town of Southern Shores (Yaupon Trail Improvements) Field Investigation Report Page 2 PROJECT SUMMARY: The Town of Southern Shores proposes to replace ±580' of structurally failing bulkhead along a canal shoreline and then rebuild and widen Yaupon Trail. Proiect Settin The site of the proposed development is within the Yaupon Trail right-of-way in the Town of Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. To access the site, turn north onto South Dogwood Trail at its intersection with North Croatan Highway (US 158) located ±0.6 miles east of the Wright Memorial Bridge. Head north on South Dogwood Trail for±2.1 miles at which point the intersection with Yaupon trail will be located on the west side of South Dogwood Trail. Yaupon Trail is a municipal dead-end road that is ±1,600' (0.3 miles) in length, has varying widths between 9' and 11' and terminates in a "L" shaped turnaround area. The right -of way area is ±53,263 ftz (1.22 acres) in size. Per the appli�ant, the existing roadway was constructed 35 years ago on a base layer of clay w w causing undulations to occur on the roadway. In 2000 some repairs were mad tot r ad; however, tree roots have undermined the existing road surface and it is 0r pao ion. The right-of-way area has elevations that range from ±1.7' to 10.3' above N mal t I (NWL) and is vegetated with yard grasses, loblolly pines, gum trees, wax myritT41nd a rtle. The shoreline along the right-of-wa0.±15'in length. Approximately 1,230'of the shoreline has been hardened though bu41ing. CAMA General Permit #67629A was issued to the applicant authorizing the replacement of 496' of bulkhead 2' waterward of the existing wooden bulkhead. The remaining length of the existing wooden bulkhead is showing signs of rot and failure. Additional man-made structures along the shoreline include an existing boatlift and covered dock. The remaining unhardened shoreline, located at the landward end of the canal near the Yaupon Trail and South Dogwood Trail intersection, is undeveloped and unmaintained. This shoreline has an escarpment of 1' to 2' and wetlands do not exist along it. The adjacent riparian property on the north side is located at the end of the canal and contains a single-family dwelling with a shoreline that is both unhardened and hardened though wooden bulkheading. The adjacent riparian property to the south contains a single-family dwelling, a bulkheaded shoreline and a pier/platform. Existing water depths within the canal range from 5' below NWL at the center to 2.5' below NWL at the bulkhead with shallower depths near the end of the canal. The bottom substrate within the project area is made up of fine sands, silts and detritus with no Submerged Aquatic Vegetation (SAV) present. The waters of Jean Guite Creek and associated canal systems are classified as SC by the Environmental Management Commission, are not open to shellfish taking and have been designated as an Inland Primary NurseryArea ( )i �;th0:;I�IIC'.Wildlife Resources Commission. OCT 1( Development Proposal AQ ; MUD ITV' The applicant is proposing a two-phase project. Phase one is to imm rep ace the failing bulkhead within an alignment that will facilitate Phase two. Phase two will involve the rebuilding and widening of Yaupon Trail as well as a 60' diameter cul-de-sac turn around area. Town of Southern Shores (Yaupon Trail Improvements) RECEIVED Field Investigation Report () T 1 0 20 �� Page 3 Phase One 0CM- MHD CITY Five areas of new and replacement vinyl bulkhead are proposed along the shoreline. Factors considered for the proposed alignments include the proposed widening of Yaupon Trail, keeping tie -back installation outside of buffer area and a cul-de-sac t sac large enough for pemergencfootprint, y ehiclesto t providing around inoulder. Area #1 • Area #1 is located near the landward end of the canal along an unhardened section o shoreline. The proposed bulkhead alignment will have ±30' of bulkhead constructed waterward of NWL with an additional ±10' extending landward of NWL. The proposed alignment will have an average distance of ±1.9' waterward of NWL with a maximum distance of ±2.8'. Water depths within this area are shallow and average ±0.5' below NWL. This alignment will result in ±58 ftZ of shallow bottom fill. Area #2 ■ Area #2 is located at the nortern end of the existing bulkhead. The proposed bulkhead alignment will have ±64' of b kh,pad coVCi nstructed s'de Thensouth end of this ard of NWL han alignmeln'onal t will ±4 extending landward of N tie into the vinyl bulkhead autho ed r h GP#67629. The proposed alignment will have an average distance of ±5' r f NWL with a maximum distance of ±7'. Water depths within this area average .5' elow NWL. This alignment will result in ±322 ftZ of shallow bottom fill. Area #3 ■ Following the shoreline, area #3 is located ±188' south of area #2. The propose bulkhead alignment will have ±230' of bulkhead constructed waterward of NWL. The north end of this alignment will tie into the vinyl bulkhead authorized through GP#67629 and the south end will tie into an existing bulkhead section not being replaced. The proposed alignment will have an average distance of ±6.7' waterward of NWL with a maximum distance of ±10'. Water depths within this area average ±2.5' below NWL. This alignment will result in ±1,540 ftz of shallow bottom fill. Area #4 ■ Following the shoreline, area #4 is located ±228' south of area #3. The propose bulkhead alignment will have ±230' of bulkhead constructed waterward of NWL. The north end of this alignment will tie into the vinyl bulkhead authorized through GP#67629 and the south end will tie into an existing bulkhead section not being replaced. The proposed alignment will have an average distance of ±4.4' waterward of NWL with a maximum distance of ±9'. Water depths within this area average ±2.5' below NWL. This alignment will result in ±646 ftZ of shallow bottom fill. Area #5 ■ Area #5 is located at the end of Yaupon Trail at the "L" shaped turnaround area. The proposed alignment is semicircular in shape and totals ±107' in length. The north end of this alignment will tie into the vinyl bulkhead authorized through GP#67629 and the south end will tie into the existing bulkhead at the property line. The prop osed alignment will have an average distance of ±1 8.6'waterward of NWL with a maximum distance of ±31'. Water depths within this area range from 2' below NWL adjacent to Town of Southern Shores (Yaupon Trail Improvements) Field Investigation Report Page 4 the bulkhead to 3.5' below NWL within the alignment area. The average water depth is ±3' below NWL. This alignment will result in ±1,585 ft2 of shallow bottom fill. • Phase Two The existing roadbed will be removed and a 16' wide aggregate base will be installed with a 14' wide asphalt road surface. The proposed asphalt roadway will be offset >_10' from the bulkhead alignment along its entire length to provide a road shoulder for both vehicle recovery and to act as a stormwater basin infiltration area. At the end of Yaupon Trail (Area #5), a cul-de-sac will be installed with a 60' diameter aggregate base with a 58' diameter asphalt surface. Existing impervious area within the Public Trust Shoreline AEC is ±13,951 ft2 (33%) and the proposed roadway will increase this area to ±20,870 ft2 (49%). Existing impervious area for the entire right-of-way is ±19,903 ftz (37%) and the proposed roadway will increase it to ±27,097 ft2 (51 %). The area of disturbance associated with the road widening is ±39,475 ft2. Anticipated Impacts • The construction of the bulkhe I e proposed alignments will result in the cumulative filling of ±4,151 ft2 (0.095 acreof en waters within the Public Trust Area AEC with clean fill from an upland sources • The construction of the bulkhead along the proposed alignments will result in the cumulative placement of ±410 cubic yards of fill material below NWL. • The project will disturb ±39,475 ft2 (0.9 acres) of highground area • Proposed impervious surface area within the Public Trust Shoreline AEC is ±20,870 ft2 (49%). Proposed impervious surface area within the entire right-of-way is ±27,097 ft2 (51 %). Cumulative Impacts CAMA General Permit #67629A was issued on 12/1/2016 for 496' of replacement bulkhead 2' waterward of the existing bulkhead. Impacts from this permit include ±992 ft2 of fill within the Public Trust Area AEC and ±4,960 ft2 of Public Trust Shoreline AEC disturbance. Submitted by: Ron Renaldi Date: October 3, 2017 OCT 10 2017 DCM- MHD CITY