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
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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
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Coastal Management - LUP Consistency
Division of Community Assistance
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State Property Office
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Division of Archives & History --Cultural Res.
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Division of Env. Health —Shellfish Sanitation
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Division of Highways --DOT
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Wildlife Resources Commission
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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
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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
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I of 3
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FAGS >(httpJ/faq.-aps.coMtarUclaid.2209"
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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
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i I
PROPOSED BACKFILL
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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