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HomeMy WebLinkAbout88-16 Webb & PluckerP6rmit,Class NEW r Permit Number 88-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermi't for X Major Development in an Area of Environmental Concern - - pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Robert Webb & Gail Plucker, 9315 Navaho Drive Brentwood TN 37027 .Authorizing development in Dare Countyat adj. to Currituck Sound, at 1166 Duck Road in '''Four Seasons in Duck S/D, in Duck, as requested in the permittee's application dated 3/21/16, including attached 8 1 of 2 dated 3/1/16 and 2 of 2 dated revised 5/17/16. This permit, issued on August 3, 2016 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 1) The alignment of the permitted bulkhead shall be verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 2) The bulkhead shall be constructed in accordance with the alignment depicted in the workplan drawings. 3) No backfill material shall be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead. The bulkhead shall be constructed prior to any backfrlling activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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, 2019 . lifissuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. ,Braxton C// avis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert Webb & Gail Plucker u Permit No. 88116 Page 2 of 3 ADDITIONAL CONDITIONS The temporary placement or double handling of fill materials within water or vegetated wetlands is not authorized. The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. :.7.) No excavation, or other land disturbing activities, is permitted except for that which may be required for the construction of the bulkhead wall. This permit does not authorize any excavation waterward of the approved alignment. 8) All backfill material shall be clean and free of any pollutants except in trace quantities. K.,.. 9)' All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. ``10) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. a-v Sedimentation and Erosion Control 14) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12). A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Mitigation 13)' In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions as outlined in the attached U.S. Army Corps of Engineers, Wilmington District Compensatory Mitigation Responsibility Transfer Form dated 8/1/16. General 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. . 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. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. Robert Webb & Gail Plucker Permit No. 88-16 Page 3 of 3 ADDITIONAL CONDITIONS E NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, f approvals or authorizations that may be required. :'NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit 4; 19800056 and assigned SAW 2016-01474. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 20160622. NOTE: Future development of the pemuttee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any 1• 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. NOTE: 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. MICHML D. O'STEEN, P.E. STRUCTURAL & CIVIL ENGINEERING SOLUTIONS LICENSED wrrH NCEES, NORTH CAROLINA & VIRGINIA Received April 27, 2016 Re: 1166 Duck Road DCM- EC Pin#985916826709 Lot 127-Four Seasons in Duck Duck, Dare County, North Carolina Dear Sir or Madam, On (2) previous occasions (416/2015 and 10/12/2015) 1 was requested to verify certain structural members for the above referenced subject st ucttne. My observations are as follows: OBSERVATIONS: The existing "in -ground" pool and adjacent pool deck area(s) were observed to have settled along the western portion of said improvements. The concrete walkways beneath the exterior wood decks along the western elevation of the subject residential structure were noted to have settled. The existing timber bulkhead consisting of 6x6 piles and walers had multiple locations of deformations. Said deformations consisted of walers and/or piles deflecting; bowing; and/or fractured. Both existing retaining walls (vinyl sheetpile and wood sheet) showed evidence of significant stress at tie -back locations. At multiple existing locations for tie -back rod/washer connections to face piles along western walls evidence of significant stress was evident with the indentation of said washer into face pile(s). Parole evidence provided by Mr. Bryan Weisbecker, General Contractor, indicates that floor elevations of the existing residential structure slope down toward the "Western" portion of said structure. Additionally, several of the timber pile foundation members are not vertically plumb. Based upon our observations the noted deformations within the existing pool and adjacent concrete deck on grade improvements are the result of settlement. Observed settlement may be the result of inadequately compacted soils at the time of construction and/or the overstressed state of existing retaining wall structures. As a result, it is recommended that efforts to reduce further settlement of existing and/or future improvements entail the retrofit of the existing retaining walls. Upon satisfactory shoring of retaining wall structures proper compaction of soils utilized to support improvements bearing on -grade shall be completed. Furthermore, efforts to compact soils and repair improvements would likely be "short-circuited" without adequate retrofit of existing retaining wall structures. Our proposed bulkhead should be placed "westward" of the existing walls such that the new wall would be independent of the existing wall. The proposed wall horizontal alignment, as shown, assist in obtaining independent wall systems. Except as provided herein, it is the sole responsibility of the contractor and/or builder to conform to all standards, provisions, requirements, methods of construction, and uses of materials in buildings and/or structures provided by the North Carolina State Building Code: Building Code (2009 IBC with North Carolina Amendments), any other local agencies, and in accordance with good engineering and construction practices. In addition, it is the responsibility of the contractor to insure proper install�49Alo Wtgl tal fasteners per the manufacturer's specifications. �� C ARO Sincere oQ•oFEss�o� •'��;- RECEIVED 2: � 'fir, •. Q SEAS Hd JUN 2 0 2016 032628 c DCM- MHD CITY 1720 BAY DRIVE ' KiLL DEVIL HILLS ' NORTH CAROLINA 27948 r Office: (252) 715-4343 ' Cell: (252) 423-2300 - mikeosteenpe@gmail.com - wwwmichacldostecnpc.com Zve bJb Bryan R. Weisbecker GENERAL CONTRACTOR, L.L.C. P.O. Box 55 Kitty Hawk, NC 27949 Phone (252) 441-5001 Mr. Robert Webb 9315 Navaho Drive Brentwood, Tenn. 37027 RE: 1166 Duck Road, Duck Dear Bob, Receives! OCM-EC As requested by George Wood, I have performed a study of the existing status of the above structure in reference to its overall level. I have found the following areas which showed more significant issue. In addition, I noted that most of the structure is out of level and has a common lean to the west. My observations as of April 10, 2016 at 2:56 PM are as follows: 1. Northeast carport 8" x 8" piling 5/8" out leaning west. 2. Center north carport 8" x 8" piling out leaning west 1-1/4". 3. Structure at northwest corner of carport out leaning west 1-1/4". 4. Piling just east of entry door in carport door out leaning west 1". 5. Piling west of entry door in carport door is 1/2" out but pulled west 3/4" at base with open gap exposed in concrete. 6. Mid floor foyer floor out dropping west 1/2". 7. Mid floor middle bedroom west wall out leaning west 1-1/4". 8. Mid floor southwest bedroom west wall out leaning west 1-1/8". 9. Mid floor southwest bedroom north wall recess out leaning west 1-1/8". 10. Mid floor north bedroom west wail out leaning west V. 11. Upper floor great room floor by fireplace out dropping west 5/8". 12. Upper floor great room west window wall north side out leaning west 1-1/4" south ok. 13. Upper master bedroom west wall out leaning west 1-1/4". Other walls throughout the structure show similar tendency to lean to the west with walls on the east side of the structure showing the least amount. I would like to continue to make regularly scheduled observations to monitor these conditions. Based upon these and future observations we will provide additional feedback. I would like to share these findings with Mike O'Steen, P.E. for his review if that meets with your approval. Thank Bryan R. Weisbecker, General Contractor LLC REC" -n JUN 2 0 D^""_ M Hi,) Received C� NARRATIVE DCM-EC Robert Webb and Gail Plucker purchased Lot 127, Four Seasons in Duck, April of 2015. This property located at 1166 Duck Road in Duck, North Carolina was improved in 2002 as a six bedroom single-family residence. This lot with elevations of approximately 16 feet above the normal water level was bulkheaded and backfilled before 2002. A 5.5 foot high by 35.5 foot long retaining wall adjacent to the bulkhead retains fill associated with the swimming pool. Series of storms and the age of the bulkhead (now exceeding 14 years) have resulted in failure of the shoreline stabilization and retaining wall in part due to the tremendous burden of the house, pool, and appurtenant structures (See engineer's report). This application is to promote a replacement location for the new vinyl bulkhead which will stabilize the site and withstand the tremendous forces exerted upon it and repair the retaining wall. The applicant requested establishment of the normal water line by the NCDCM and Section 404 wetlands by the U.S. Army Corps of Engineers which is depicted on the plat. An engineer was employed to design the bulkhead and advise on the alignment for construction based on these physical features and sound engineering practices. These efforts have resulted in the proposed bulkhead alignment which will average 4 feet waterward of the normal water line and in +/- 15 cubic yards of sand to be placed below normal water level (approximately 6 inches to 1 foot in depth). The area to be filled below NWL does not support SAVs. The maximum distance of the bulkhead alignment waterward of NWL is 11 feet. This alignment is justified by sound engineering practices to provide a stable shoreline erosion control measure which can withstand the onslaught of wave energy and support the burden (surcharged) from the single-family structure and appurtenant structures (See engineer's report). The alignment will result in fill being placed +/- 1,210 s.f. of Section 404 wetlands which are proposed to be mitigated by purchase of wetland credits from the Great Dismal Swamp Restoration Bank at a 2:1 ratio (see attached). The shoreline supports some relict stumps and in particular one large cypress stump which is in the proposed bulkhead alignment. Consultation with the marine contractor revealed that the technique proposed for removal of the stump will include trenching around the stump with the resulting spoil to be placed landward of the proposed bulkhead (and which will be incorporated in the backfill of the new bulkhead) and the stump removed by placing a chain around the stump and removal by a backhoe. The resulting area between the old dilapidated bulkhead and the new will be filled with clean material and landscaped. RECEIVED JUN 2 0 2016 DCM- MHD CITY Received MEMO To: North Carolina Division of Coastal Management/Attn: Mr. Ron Renaldi cc: Mr. Bryan Weisbecker From: George H.Wood, CEP. PWS, tVk7 Date: June14,2016 Re: Access to Bring Machinery and Backfill into the Webb/Plucker Site J! N 14 2016 D M-EC I spoke to the contractor, Mr. Bryan Weisbecker, today to get information regarding the proposed access to the west side of the Webb/Plucker site at 1166 Duck Road The applicant has received authorization from the Town of Duck to repair the damaged swimming pool. The current construction sequence for the replacement of the bulkhead anticipates performing the pool repair during that process. The plan anticipates demolition of the pool and creating a ramp partially on the area where the pool currently is sited and partially extending into the area proposed to be backSlled behind the requested new bulkhead alignment to allow access for machinery (backhoe) and back8ll. Once the bulkhead is completed, the pool will then be reconstructed. Q Environmental Professionals, Inc. 111 — P.O. Box 3368 >cz�o V Kill Devil Hills, NC 27948 c 0 Telephone: 252-441-0239 *** Fax: 252-441-0721 VEmail: obxwood@yahoo.com Wcc t U 0 APPLICATION for major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Applicant 1: First Name Robert MI Last Name Webb Applicant 2: First Name Gail MI Last Name Plucker It'addirronat applicantsplease attach an addlriorral pages) with names listed Mailing Address 9315 Navaho Drive PO Box city Brentwood State TN ZIP 37027 Country USA Phone No. aid. FAX No. Street Address (f different from above) City state ZIP Email 2. Agent/Contractor Information Business Name Environmental Professionals, Inc. Agent/ Contractor 1: First Name MI Last Name George H. Wood Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city Stare 3368 Kill Devil Hills NC ZIP Phone No. 1 Phone No. 2 27948 252-441.0239 em.105 252-423.1234 ext. FAX No. Contractor a 252 441 0721 Street Address (a different from above) city Stale ZIP 1404 S. Virginia DareTrail Kill Devil Hills NC 27948 - Email obxwood@yahoo.00m RECEIVED <For1n continues on back> JUN 2 0 2016 DCM- MHD CITY 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanageme nt.net Reeeeveo Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (ran be multiple) Street Address State Rd. N Dare 1166 Duck Road INC 12 Subdivision Name City State Zlp Four Seasons in Duck Duck NC 27949 - Phone No. Lot No.(s) ffmany, attach additional page with list) ext. 127, 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank CuritudkSound 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 Curiludk Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Duck 4. Site Deacription a. Total length of shoreline on the tract (R) b. Size of entire tract (sq.ft.) 99 14,768 {slvv,,� , C16, IA4J f - Tdi+t l' c. Size of individual lot(s) d. Approximate elevation of trait above NM (formal high water) or 14,768, NWL (normal water level) (If many lot sizes, please attach additional page with a list) +)- 16' ❑NHW or ®NWL e. Vegetation on trap Lawn Grass, Quercus virginiana, Juniperus virginiana, Carya glabra, Iva frutescens I. Man-made features and uses now on tract lip -story frame dwelling on pilings, swimming pool, bulkhead, pier, wading pool, wooden deck g. Identify and describe the existing land uses adiacent to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA J. Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the trap? If yes, attach a copy. ❑Yes ®No ❑NA 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> RECEIVED 252-808-2808 .. 1.888-4RC 0 AST .. W..a ncl:v— ­ar.agement. Form CICM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the sit? DOIll®Yes ❑No (it) Are there coastal wetlands on the site? Zps (Yes -ENo- (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []NO (Attach documentation, if available) It. Describe existing wastewater treatment facilities. Community Wastewater o. Describe existing drinking water supply source. Municipal Potable p. Describe existing storm water management or treatment systems None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Bulkhead Construction c. Describe the proposed construction methodology, types of construction equipment to be used during construction. the number of each type of equipment and where it is to be stored. Water jet, vibrating hammer, frontend loader, hand tools RECEIVED d. List all development activities you propose. Replace bulkhead waterward of existing bulkhead DCM- MHD CITY e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? +1- 2,000 ®Sq.Ft or ®Acres g. WIII the proposed project encroach on any public easement, public accessway or other area CAYes Nbo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stodowater be discharged into a wetland? []Yes ®No NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ONA j. Is there any mitigation proposed? ®Yes [:]No ❑NA If yes, attach a mitigation proposal. <Fotm continues on back> :52 mil$ -hE 0zs _ i 8-s a RC 0 AnT ,v ww. ncc oas t ai n',dnagemont. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformatfon In addition to this completed application form. (MP-1) the Pollowing 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 property prepare die 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 stale 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 JCB Duds 01, LLC Phone No. Address 88 Sawmill Lane - Greenwich, CT 06830 Name Chnsta Renee Spnngston Phone No. Address 175 Oak Shadow Way - Fayetteville, GA 30215 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include peril numbers, Pennines, and issuing dates. CAMA Minor Development Pem+lt #2002-53-Lew San CAMA Minor Development Permit #D-2010.148 - Andy Fones Properties, LLC h. Signed consultant or agent authorization form. R applicable. I. Wetland delineation, it necessary. I. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). If necessary. If the project involves expenditure of public funds or use of public lands. attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Ceitii lcation and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Received Date 3-21-16 Print Name George H. Wood �( Signature ! Y //`�1��AA Crr Please indicate application attachments pertaining to your proposed project. ®1eiI -EC ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED JUN 2 0 2016 252 tine-2P,3a .. 1-888-4RCOAST .. www.nccoasta1GeJ&4 HDt I Form DCM MP-2 EXCAVATION and FILL Received (Except for bridges and culverts) OCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation andlor fill activities. All values should be given in feet Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. c. (i) 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 OWL ❑None (ii) Describe the purpose of the excavation in these areas'. 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c.. (I) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandslmarsh (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 OWL ❑None (ii) Describe the purpose of disposal in these areas: MTNS section not applicable b. Type of material to be excavated. d High -ground excavation in cubic yards. ®This section not applicable b, Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (n) If yes, where? I. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (h) If yes, how much water area is affected? RECEIVED JUN 2 0 2016 DPM.- MMI) G '-T 252-808-2808 :: 1-8cd-=RCOA5! :rvw.n�Cod5ta7nlanJt,2mE•nt.net revised: 12,26i06 Vorm Dl MP-2 (Excavation and Fill, Page 2 of 2) 3. SHOREUNE STABIUZATION ❑This section not applicable (N development is a wood gmin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Lenoth: 99 08ulkhead ❑Riprap ❑BreakwaterlSill ❑Other. c. Average distance waterward of NHW or NAl 4 Feet e. Type of stabilization material: Vinyl Bulkhead g. Number of square feet of fill to be placed below water level Bulkhead badcfill 396 So. Ft. Riprap Breakwater/Sill _ Other _ i. Source of fill material. Commercial Mine (Exdrrdkv Shoreline Stabilization) a. I) Will fill material be brought to If yes, (ii) Amount of material to be placed in the water _ (iii) Dimensions of fill area (iv) Purpose of fill Width: 1' d. Maximum distance waterward of NHW or NWL. 11 Feet f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ONO ❑NA (ii) If yes. state amount of erosion and source of erosion amount information. h- Type of fill material Sand ®This section not applicable (1) Will fill material be placed in coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are chocked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SS _ ❑WL ❑None (ii) Describe the purpose of the fill in these areas' 15. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline. controlled? badchoe, or hydraulic dredge)? Fill area will be stabilized with vegetation. Vibrating hammer, hand tools, badthoe c. (i) Will navigational aids be required as a resua of the project? []YesJNo ®NA (ti) If yes, explain what type and how they will be implemented. 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. 3-21.16 RA-cei y+ed — Robert Webb 8 Gail Plucker Date bG — ApplicantNarrla Webb Pro)ect IN / r J/ Applicak Signature 1-8888 OAST :: wv.w.nccoastatrnanagertra n..net revised: 12:26,06 n DCM Coordinator: *a q Permit #: b $ A0 DCM Field Offices izabeth.City orehead City Washington Wilmington US ACOE Vices: Washington: Wilmington: Cultural Resources: Public Water Supply: DCM/ Fisheries Specialist NC DOT: DMF/ Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: DEMLR Washington: Wilmington: Wildlife Resources: LPO: MAILING DISTRIBUTION SHEET (with revised work plan drawings) _ &a.4e ihctudx 09 Sa,wnail� _ ('evwuU�wgs GveCnwic�� q' Olo$30 Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbley Liz Hare Renee Gledhill -Early Heide Cox (WIRO) Joey White (WARD) Shane Staples Gregg Bodnar Ben Hughes Shannon Jenkins Tim Walton Karen Higgins (Raleigh) John Hennessy (NC DOT) #tthony Scarbraugh-4Q1 Joanne Steenhuis — 401 Chad Coburn - 401 Scott Vinson-Stormwater Georgette Scott- Stormwater Maria Dunn Fax Distribution: Permitee Agent #:_ Coastal Management ENVIRONMENTAL QUALITY August 3, 2016 Robert Webb Gail Plucker 9315 Navaho Dr. Brentwood, TN 37027 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, OiPw- Douglas V. Haggett , Major Permits Manager N.C. Division of Coastal Management Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Robert Webb & Gail Plucker 2. LOCATION OF PROJECT SITE: 1166 Duck Road (NC-1 2), Lot 127 Four Seasons In Duck S/D, Town of Duck, Dare County, adjacent to the Currituck Sound. Photo Index 2006: 186-7177 (L 10) 2000: 186-2180 (N 16) 1995: 185-1945 (E 18) 1989: 142-59 (E 11) 1984: not available 1978: 93-408 (R 14) State Plane Coordinates - X: 2958572 Y: 892781 Lat/Long: 36.1598780 N,-75.7523730 W Quadrangle: Jarvisburg, NC (L.R.) 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-11/18/2015; 3/3/2016; 4/26/2016 Was Applicant Present — No; No; No 5. PROCESSING PROCEDURE: Application Received Complete — 6/14/2016 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Duck, NC CAMA Core Land Use Plan, Feb 2005 Land Classification from LUP - Single Family Residential, Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW) and Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private residential (E) Wastewater Treatment: Existing — Community wastewater Planned — N/A (F) Type of Structures: Existing - Single-family dwelling, swimming pool, driveway, bulkhead, house retaining wall, pool retaining wall, pier and platform Planned— Engineered bulkhead RECEIVED (G) Estimated Annual Rate of Erosion: 2.5 ft/yr Source — Staff estimate based on aerial photographs JUN 2 0 2016 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] DCM- MHD CITY FILLED OTHER (A) Shallow Bottom PTA, EW AEC's ±396 ft2 (B) Estuarine Shoreline AEC ±428 ft2 (C) USACE 404-Wetlands ±1,210 ft2 (D) Total Area Disturbed: ±2,034 ft2 (0.005 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No C 1 Robert Webb & Gail Plucker Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to construct a new bulkhead waterward of a failing bulkhead/retaining wall system. As proposed, the alignment will require the filling of delineated USACE 404-wetlands. Project Setting The site of the proposed development is located at 1166 Duck Road (NC-12), Lot 127 in the Four Seasons In Duck S/D, Town of Duck, Dare County, and is adjacent to the Currituck Sound (west side of property). The subject property is t16,123 ft2 in size, of which t1,355 ft2 has been delineated as USACE 404-wetlands and t14,768 ft2 highground. An existing vinyl bulkhead with a height of t9.5' above Normal Water Level (NWL) runs in a north/south direction along the western side of the property. Elevations to the west (waterward) of the bulkhead range from 0' at NWL to t2' above NWL. Elevations to the east of the bulkhead range from t9.5' to 2:16' above NWL. It should be noted that this bulkhead is part of a continuous bulkhead constructed along seven properties (three to the north and three to the south), all with similar elevations, and was installed prior to 2002. A t6' tall wooden retaining wall is located on the landward side of the bulkhead and runs the width of the property. Beginning in the northwest corner of the property, a ±36' section runs south immediately landward of the bulkhead and then turns east for t15'. A pool system and associated decking is located landward of this section and is installed at grade with the top of the retaining wall. The retaining wall then turns south for t60' where it turns and runs landward along the property line. This section ranges t7' to t15' landward of the bulkhead, averaging t10.5'. Landward of this section is a single-family dwelling and associated decking constructed at grade with the top of the retaining wall. The dwelling is located t15' to ±24' landward of the vinyl bulkhead and t5.5' to t9' landward of the wooden retaining wall. Additional man-made features within the highground area include a concrete driveway and a t6' tall wooden retaining wall located on the east side of the dwelling. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of Fripp fine sand (FrD). The highground area is vegetated with lawn grass, various deciduous trees and bushes. Based on available information, there does not appear to be any archaeological sites on or adjacent to this property. According to a submitted Engineers report and a General Contractor's study of the property, >' the vinyl bulkhead and wooden retaining wall are showing signs of significant stress on the F- tiebacks and visible deformations in the alignment, settling is occurring within the pool area, U first floor house elevations are sloping westward and several of the house's timber pilings are c = no longer plum. The shoreline is t102' in length with NWL located t8' to t25' west of the vinyl bulkhead. Within this area is t1,355 ft2 of USACE delineated 404-wetlands and ±428 ft2 of highground area (� adjacent to the bulkhead. Remnant cypress knee and root systems are found scattered throughout the shoreline and shallow water bottom. Vegetation consists of marsh elder, groundsel bushes, pennywort and other 404 wetland plant species. Isolated patches of coastal wetlands consisting of black needlerush (Juncus roemerianus) exist waterward of NWL. Cf Robert Webb & Gail Plucker Field Investigation Report Page 3 Existing structures within the shoreline area include a pier with two platforms. The waters of the Currituck Sound are classified as SC by the Environmental Management Commission and are not open to shellfish taking. Water depths within project area are :51' below NWL and the bottom substrate is made up of fine sands. There is±4 miles of open water to the west of the site. The project area is void of Submerged Aquatic Vegetation (SAV) due to the shallow water depths and dead SAV mats that accumulate along the shoreline; however, in water depths >1' SAV's such as widgeon grass (Ruppia maritima) and wild celery (Vallisneria americana) were observed. Prior permitting activity on this site includes: - CAMA Minor Permit #2002-53 issued on 5/10/2002 for the construction of a single-family dwelling and pool. - CAMA Minor Permit #2010-148 issued on 3/2/2010 for repairs to the vinyl bulkhead and the replacement of the pool. - CAMA Minor Permit #2015-307 issued on 12/15/2015 for pool replacement (no work conducted). The adjacent property to the north is similarly developed with a house and pool constructed adjacent to the vinyl bulkhead as well as a having pier. This properties shoreline is a narrow strip of land on the west side of the vinyl bulkhead. The adjacent property to the south is vacant and NWL is located at the vinyl bulkhead. It should be noted that when the single-family dwelling and pool were constructed, a large area of highground and wetlands existed on the west side of the vinyl bulkh g� �(s, tropical storms have significantly eroded this area, with the most recent b� t�e4;-rfe. Development Proposal JUN 2 0 2016 The applicant proposes to construct an engineered vinyl bulkhead systd3,(t}M4M'D i hY and aligned 20' west of the existing vinyl bulkhead to reduce the burden on the existing bulkhead. The proposed alignment will average ±4' waterward of NWL with a maximum distance of ±11'. The average water depth within this area is ±0.8' and bulkhead height will be ±7.2' above NWL. This alignment will result in the filling of ±1,210 ft2 of USACE 404-wetlands with clean sand fill. A large remnant cypress stump is located near the southern corner of the proposed bulkhead and return wall. This stump will need to be removed for bulkhead installation and the proposed method is to trench around the stump, place a chain around it and use a backhoe to yank it out. In order to backfill the proposed bulkhead, the existing pool will be removed and a ramp will be created partially within the pool area and partially within the backfill area allowing access. After completion, a new pool will be installed. All highground impacts within the pool area have been permitted through CAMA Minor Permit #2015-307. The applicant also proposes to repair/replace the existing wooden retaining wall sections as necessary. Robert Webb & Gail Plucker Field Investigation Report Page 4 Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ±396 ftz of Estuarine Waters and Public Trust Area AEC's with clean sand fill from an upland source. • The construction of the bulkhead along the proposed alignment will result in the filling of ±428 ft2 of Estuarine Shoreline AEC. • The construction of the bulkhead along the proposed alignment will result in the placement of ±11.7 cubic yards of fill material below NWL. • The construction of the bulkhead along the proposed alignment will result in the filling of ±1,210 ftz of USACE 404-wetlands. Submitted by: Ron Renaldi Date: 6/15/2016 } F— W S-0 U N Well_ U Z W ' U Spears, Courtney From: Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil> Sent: Wednesday, July 27, 2016 10:47 AM To: Spears, Courtney Cc: Renaldi, Ronald Subject: Webb, Plucker Courtney, Do you guys have a mitigation acceptance form from Great Dismal Swamp for this project? It mentions one in the package but it wasn't attached. Also, we are going to have a little more narrative on avoidance and minimization efforts and why the proposed bulkhead can't be pulled back some thus reducing impacts. Let me know if you have any questions. Thanks] Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. Sth Street Washington, North Carolina 27889 Phone: (910) 251-4605 Fax: (252) 975-1399 Email: josh.r.pelletier@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. W Coastal Management ENVIRONMENTAL QUALITY August 3, 2016 JCB Duck III, LLC John F. Baughman, Manager 88 Sawmill Lane Greenwich, CT 06830 Dear Mr. Baughman: PAT MCCRORY cave„.,,. DONALD R. VAN DER VAART merory BRAXTON DAVIS Thank you for your concerns regarding the application for a Coastal Area Management Act (CAMA) Major Development Permit for Robert Webb and Gail Plucker, in Dare County. The Division appreciates your concerns about the proposed project. In this case, no inconsistencies with the Coastal Area Management Act were identified. Additionally, we relied on an engineer's report concerning the structural stability of the property in question. Consequently, the Division has issued a Major Permit No. 88-16 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at courtney.spears@ncdenr.gov. Major Permits Coordinator Nothing Compares. . State of North Carolina I Environmental Quality I Comoal Management 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 T r ! ; Received JCB DUCK III, LLC 88 Sawmill Lane Greenwich, CT 06830 DMEC (203) 869-1027 jcbduck@gmaiLcom Return Receipt Requested Environmental Professionals, Inc. Attn: George H. Wood, CEP, PWS P.O. Box 3368 Kill Devil Hills, NC 27948 Dear Sir or Madam: April 11, 2016 North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 1367 U.S. 17 South Elizabeth City, NC 27909 Application for Major Development Permit 1166 Duck Road, Duchy NC I write on behalf of JCB Duck III, LLC ("JCB Duck"), which owns the property at 1168 Duck Road, Duck, NC. We have received notice of the attached application for a Major Development Permit to replace a bulkhead at 1166 Duck Road, Duck, NC. For the reasons discussed below, we respectfully object to the project as described in the application. 1. JCB Duck's Notice Period Expires April 27, 2016 The letter we received is dated March 8, 2016, but that is incorrect. The letter was sent certified mail / return receipt requested, but it was not actually mailed until March 23, 2016 (we know this from the postmark on the envelope) and we did not receive it until Monday, March 28, 2016. Accordingly, for the avoidance of doubt, JCB Duck's 30-day notice period does not expire until April 27, 2010 2. The Proposed Project Does Not Meet the Requirements for Bulkheads in 15A NCAC 0714.0208 The project, as described, does not confirm to the requirM91YEp applicable rules, in several respects. JUN 2 0 2A The permit application attached to the "March 8" letter is dated Marct CMt6MHC CITY Dock: USI:10572406v1 Section 15A NCAC 07H.0208(b)(7)(A) states: Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal low water (emphasis added). Based on'the information provided, it appears that this mandatory requirement is not met, as the plans describe a bulkhead that will be several feet away from both the normal high and low water marks. In fact, the existing bulkhead for this property (and the neighboring ones) maintains a straight alignment along the edge of the jurisdictional wetlands line. This is an equitable alignment that effectively permitted development plans to be created for these soundfront lots. This proposal would create a non -conforming 20 ft wide peninsula extending into public trust waters and areas of State and Federal jurisdiction. On occasions of high wind tides, which are very common due to west derived wind directions, the high water laps against the existing bulkheads. The remaining coastal wetlands and 404 wetlands waterward of the bulkhead alignment assist with dampening this wind/wave energy. Section 15A NCAC 07H.0208(b)(7)(B) states: Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources (emphasis added). This mandatory requirement is clearly not met, as the plans state, "[t]he maximum distance of the bulkhead alignment waterward of NWL is 11 feet." Such a placement is not authorized. Based on physical observation, there are coastal wetlands present, primarily consisting of black needle rush. The coastal wetlands in this area appear to be eroding over the years, but these types of emergent grasses are essential for wave dampening and shoreline protection. The CAMA plan provided by Environmental Professionals includes a "wetlands line (flagged by ASCE)" consisting of points 1-4 as well as a "Normal Water Line (NWL) flagged by CAMA" It is unclear whether the NWL line also represents a coastal wetland edge. It is not clearly denoted if this is the case. In any event, the coastal wetlands impacts are not quantified, and it should be noted that the CAMA MP-1 application provided indicates no coastal wetlands present (Item4 m.ii). Section 15A NCAC 07H.0208(b)(7)(D) states: Bulkheads shall be pre permitted below normal high water or normal low water only when the following standards are met ... (emphasis added). The application makes no attempt to satisfy any of the five available subsections of this provision. Section 15A NCAC 07H.0208(b)(7)(E) states: Where possible, sloping rip -rap, gabions, or vegetation shall be used rather than bulkheads. The application does not consider these alternatives. In short, the application fails to meet the requirements of Section 15A NCAC 07H.0208(b)(7) in several respects. y 3. The Application Does Not Identify Any "Public Benefits" Warranting any Exception to the Rules W U The North Carolina regulatory framework provides a clear standard for 7 c = when exceptions may be made to the applicable use standards. As set forth in Section U 1 aq 15A NCAC 07H.0208(a)(3): U � W ONO: osia057240evi 0 CS When the proposed development is in conflict with the general or specific use standards set forth in this Rule, the CRC may approve the development if the applicant can demonstrate that the activity associated with the proposed project will have public benefits identified in the findings and goals of the Coastal Area Management Act, that the public benefits outweigh the long range adverse effects of the project, that there is no reasonable alternative site available for the project, and that all reasonable means and measures to mitigate adverse impacts of the project have been incorporated into the project design and shall be implemented at the applicant's expense. In this case, the applicant has made no effort to identify any "public benefits" associated with this project, let alone that such public benefits "outweigh the long range adverse effects of the project," as is required by the Rule. Accordingly, there is no basis for proceeding. 4. The Proposed Project Does Not Comply With the State Guidelines The Coastal Area Management Act provides that applications "shall" be denied if "the development is inconsistent with the State guidelines." N.C.G:S. 113A- 120(a)(8). The sections of 15A NCAC 07H cited above are part of those guidelines. Those guidelines also provide that, "[u]ses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas." 15A NCAC 07H.0208(a)(1). The proposal here, which will extend out into Currituck Sound — a part of the public trust that includes coastal wetlands — would appear to violate this position. 5. The Overall Shape of the Proposed Bulkhead Will Cause Problems and Should Not Be Approved The essence of the proposed project is to build a rectangular peninsular feature jutting out approximately 20 feet from the established bulkhead line on the neighboring properties. This raises several concerns, in no particular order: First: it is very unsightly. It will look very strange — both from the land and from the water — to have this area extending out into the sound. It will destroy the existing continuous waterfront. As the DCM has recognized, it is relevant to consider whether ?roposed projects will "diminish the value and enjoyment of adjacent property owners." In this regard, it is important that, as mentioned, the existing bulkhead alignment was established in cooperation with CAMA to create an equitable shoreline for the private parcels on Duck Road without impacting significant protected resources. 2 See CAMA Handbook for Coastal Development (April 2014) Section 5RECEIVED( Decisions"). JUN 2 0 2016 Dock: USI10672406A DCM- MHD CITY 4 Second: the shape of the proposed structure is vulnerable in severe weather. The design creates "corner pockets" on the landward side of the project on both the north and south sides, where the proposed structure would link up with the bulkheads for the neighboring properties. These comers will be eriergy concentration areas in storms, and may compromise the structural integrity of these existing structures. Third: just as the corners will be energy concentrating areas, they will be refuse and debris concentrating areas. There will likely be a buildup of floating materials in these areas. Fourth: the structure of the proposed project, effectively sticking out into the sound, will affect the currents in the area. The precise impact is not known — because it has not been studied — but it may lead to silting in as water eddies around the structure. Fifth: the proposed bulkhead alignment would function as a "jetty or groin" instead of a typical shoreline stabilization feature. Therefore, even if this proposal should be denied by DCM and approved by CRC variance, this type of wall/jetty must meet the 15 ft riparian corridor requirements, whereas the setback from the adjacent riparian property lines must be 15 ft from the toe of the structure as established in 15 A NCAC 07H.0208(b)(9)(B). 6. The Proposed Project Will Not Fix Subsidence on the Property We understand, based on discussions with Environmental Professionals, that one of the driving forces behind the proposed design is a desire to fix subsidence on the property, in particular subsidence of the house and of the swimming pool. The need to deal with subsidence is not a reason to build out into Currituck Sound. If, as appears to be the case, the house and pool are subsiding, that is almost certainly due to inadequately compacting the soil and fill underneath the structures at the time that they were built. That problem will not be fixed by building the proposed bulkhead. 7. The Proposed Offsite Mitigation Is Inappropriate The proposal acknowledges that it will impact an area of Section 404 wetlands and proposes mitigation "by purchase of wetland credits from the Great Dismal Swamp Restoration Bank (GDSRB) at a 2:1 ratio (see attached)." As an initial matter, we note that there was nothing "attached" to the application having anything to do with the proposed mitigation, so we cannot evaluate any specific proposal. We respectfully submit, however, that in this instance — where the property is miles away from, and has nothing to do with —potential mitigation sites in the } GDSRB use of such a facility would be inappropriate. People, wildlife and other Q F— resources in the vicinity of the project would see none of the benefits of this offsite UJ �e V mitigation but would suffer all of the adverse effects. At a minimum, we respectfully _ N C) request the GDSRB materials, including the type of compensatory mitigation to include LU 2 coastal and/or riparian wetlands. V Z � W ' U 0 Doc#:US150572406v1 5 Please accept these comments as preliminary. We will also consult with expert engineers and wetlands specialists and, based on that review, may have additional comments. Do not hesitate to contact us if you would like additional information. As you review the application, we respectfully request that the Division of Coastal Management provide us with assurance that any program that is approved will not damage or adversely affect our property. Finally, please provide us prompt notice of any decision on the permit application. In the event that we need to request a contested case hearing we will need to do so promptly after the permit decision "is made." N.C.G.S. 113A-121.1(a). Accordingly it important that we are kept advised of the process. Thank you for your consideration. Respectfully submitted, RECEIVED JUN 2 0 2016 DCM- MHD CITY Dock USIA05724060 IN Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. JCB Duck, III, LLC 88 Sawmill Lane Greenwich, CT 06830 X ❑Agent _ ❑ Addre B. Received by (Printed Name) C. Date of Del. lD'. Is livery address different from ttem 1? El Yes N � 5, enter delivery address below: K No K4 C II"I�I'I IIII III II Jill 111111111111111111111111 3. Service Type ❑ Priority Mal Express® Adu O lt Signature O Adult sCMnWignature Restricted Delivery ❑Registered MaIITM ❑ Registered Mail Restricted 9590 9403 0235 5148 7869 87 maim IWm El certifiedMail Restricted Delivery 0P Receipt for ❑ Collect on Delivery Merchandise 2. AniGe Number (Transfer from service labep ❑ Colect on Delivery Restrcted Delivery ❑ Signature ConnnnauonTM 7 015 0640 0002 510 2 0 3 2 4 -- nsured Mall imee,ed Mall ResMcted Delivery ❑ Signature Confanstion Restricted Delivery love, $500) PS Form 3811. April 2015 PSN 7530-02-000-9053 0 76=—O 6".!;— Domestic Return Receipt 0 0 c� AW 0 DIVISION OF COASTAL MANAGEMENT �QJ APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Robert Webb & Gail Plucker County: Dare LOCATION OF PROJECT: 1166 Duck Road, Lot 127 Four Seasons, Town of Duck, adjacent Currituck Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 06/14/2016 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi - DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW:— 9^�"` + ' Date: Co // / L B) DATE RECEIVED BY MAJOR PERMITS FEE RE 'I) $400; (60/40%) PUBLIC NOTICE REC'D: Advertise: 06/19/16 END OF NOTICE DATE: Comments due: 07/09/16 ADJ. RIP. PROP NOTICES RECD: DEED RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 08/28/16 MAIL OUT DATE: Circulation: 06/15/16 FEDERAL DUE DATE: ON: 150 DAY DEADLINE: STATE DUE DATE: Comments due: 07/06/16 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 7 15-11ce k Coastal Management - LUP Consistency Wilt (t I x {M� - Division of Community Assistance (� I X I no (omkp1.Ll� l Land Quality Section—DEMLR n 0 tomwavif DWRMWQ— Aquifer Protection 1 ht t4vin.mut Diu a0z, DWR/DWQ- Storm Water ISM I I Wto 13 DWR—Public Water Supply ( %� ✓V6 jV "I(' Stan Property office A IsX VL C%. ©M WLM Division of Archives & History --Cultural Res. j'% b Mmwuht Division of Env. Health —Shellfish Sanitation T R Vw (,{jlA/1.wUVvt Division of highways --DOT i P X vw o6emi D Yl Wildlife Resources Commission f X GOY►�l ril;�v�rtf Local Permit OflicetPlanning Dept. DWF DCM Fisheries Resource Specialist 6 ect Corps of Engineers I S ZC 1 Q— h DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Robert Webb & Gail Plucker County: Dare LOCATION OF PROJECT: 1166 Duck Road, Lot 127 Four Seasons, Town of Duck, adjacent Currituck Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 06/14/2016 ,� //yy, FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES V (� CONSISTENCY DETERMINATION: Attached: NO FIELD REPRESENTATIVE: Ron Renaldi DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: Advertise: 06/19/16 To Be Forwarded: YES DISTRICT OFFICE: Elizabeth City Date: FEE REC'D: $400, (60/40%) END OF NOTICE DATE: Comments due: 07/09/16 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: I C) 75 DAY DEADLINE: 08/28/16 MAIL OUT DATE: Circulation: 06/15/16 FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due: 07/06/16 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative S Coastal Management - LUP Consistency Division of Community Assistance &0 X JXYK Mt Land Quality Section--DEMLR DWR/DWQ— Aquifer Protection )( 20 DWR/DWQ - Storm Water r hp T- DWR—Public Water Supply State Property Office 1 L Division of Archives & History —Cultural Res. lap romw"yt Division of Env. Health —Shellfish Sanitation Division of Highways --DOT Ilk lr—r% Wildlife Resources Commission ( X '"UV±Mt Local Permit Office/Planning Dept. JUN 2 U 2016 DMF—DCM Fisheries Resource Specialist Corps of Engineers 11W PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY TO: Courtney Spears, Assistant Major Permits Coordinator THROUGH: Frank Jennings, District Manager T4 I. FROM: Ron Renaldi, Field Representative kA R DATE: July 11, 2016 SUBJECT: Robert Webb & Gail Plucker Major Permit Recommendations BRAXTON DAVIS Dimcwr The applicant proposes to construct a new bulkhead waterward of a failing bulkhead/retaining wall system. As proposed, the alignment will require the filling of delineated USACE 404- wetlands. The site of the proposed development is located at 1166 Duck Road (NC-12), Lot 127 in the Four Seasons In Duck S/D, Town of Duck, Dare County, and is adjacent to the Currituck Sound. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW) and Estuarine Shoreline (ES) Areas of Environmental Concern (AFC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0203 Management Obiective of the Estuarine and Ocean System It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to the lands and waters of the coastal area. Consistent: The proposed development is consistent with the intent of this rule. - ^Nothing Compares: RECEIVED JUL 15 2016 1367 US 17 south, Elizabeth City, n1C 27909 DC M- M H D CITY Phone: 252-264-3901 \ FAX:252-264-3723; Internet: www.nocoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer Courtney Spears, Assistant Major Permits Coordinator Robert Webb & Gail Plucker Major Permit Recommendations July 11, 2016 Page 2 0711.0206 Estuarine Waters (c) Management Objective. To conserve and manage the important features of estuarine waters 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 estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. 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 described in Rule 0711.0208. Consistent: The proposed development is consistent with the intent of this rule. 07H.0207 Public Trust Areas (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, 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, 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 JlQ 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. The proposed alignment will not interfere with navigation due to shallow water depths. MN� 15A NCAC 07H.0208 Use Standards �GM, 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. C4 Courtney Spears, Assistant Major Permits Coordinator Robert Webb & Gail Plucker Major Permit Recommendations July 11, 2016 Page 3 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. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. 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. 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 RECEIVED III I Subparagraph (7)(A) states, 'Bulkhead alignment, for the purpose of shoreline stabilizatii53f, s aJ 2016 approximate the location of normal high water or normal water level." DC M- M H D CITY Courtney Spears, Assistant Major Permits Coordinator Robert Webb & Gail Plucker Major Permit Recommendations July 11, 2016 Page 4 Inconsistent: The proposed bulkhead alignment averages t4' waterward of NWL. 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 material so obtained may be contained behind the bulkhead." Consistent: The applicants have indicated that clean fill will be used. Subparagraph (7)(D) states, "Bulkheads shall be permitted below normal high water or normal 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 site does have an identifiable erosion problem. The existing vinyl bulkhead has a height of t9.5' above Normal Water Level (NWL) and is showing signs of significant stress as described in a submitted engineers report. This is a unique situation where there is a continuous bulkhead on seven properties in which the dwellings are constructed less than 30' from the bulkhead, in this case the dwelling is located t15' to t24' landward of the bulkhead behind an additional retaining wall. A large area of wetlands and highground area existed waterward of the bulkhead when the home was constructed, most of which has been significantly eroded by tropical storm events. (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; Potentially Consistent: See above. The proposed alignment is based on a design that is >- signed and sealed by an engineer as the minimum distance to alleviate the pressure on Q F- existing bulkhead. U LW o N Q (iii) the bulkhead alignment will not adversely impact public trust rights or the property of LU _ adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. W Z it U 0 M Courtney Spears, Assistant Major Permits Coordinator Robert Webb & Gail Plucker Major Permit Recommendations July 11, 2016 Page 5 (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. I5A 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. RECEIVED Consistent: The proposed development is consistent with the intent of this rule. JUL 15 2016 (d) Use Standards. Acceptable uses shall be those consistent with the management cases M H D Paragraph (c) of this Rule. These uses shall be limited to those types of development ac ivitres 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: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The proposed development is consistent with the intent of this rule. (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. CITY I Courtney Spears, Assistant Major Permits Coordinator Robert Webb & Gail Plucker Major Permit Recommendations July 11, 2016 Page 6 Consistent: The proposed development is consistent with the intent of this rule. (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. Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of 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. Consistent: The proposed development is consistent with the intent of this rule. Q H LV U (7) Development shall not cause irreversible damage to valuable, historic architectural or > o ❑ archaeological resources as documented by the local historic commission or the North Caro `M _ Department of Cultural Resources. V J 2 W Consistent: The proposed development is consistent with the intent of this rule. U (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. Courtney Spears, Assistant Major Permits Coordinator Robert Webb & Gail Plucker Major Permit Recommendations July 11, 2016 Page 7 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 development is consistent with the intent of this rule. 15A NCAC 07H.0601 No Violation ofAnv Rule No development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0602 Pollution of Waters No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed shellfish waters when a use attainability study of those waters documents the presence of a significant shellfish resource in an area that could be expected to be opened for shellfishing given reasonable efforts to control the existing sources of pollution. Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a permit be issued to Robert Webb & Gail Plucker rop vided that the USACE accepts mitigation and approves the project. RECEIVED JUL 15 2016 DCM- MHD CITY 4 Coastal Management ENVIRONMENTAL QUALITY June 15, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: M PAT MCCRORY Governor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Robert Webb & Gail Plucker 1166 Duck Road in the Town of Duck, Dare County New bulkhead waterward of failing bulkhead/retaining wall system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/06/16 to Courtney Spears Assistant Major Permits Coordinator, 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. RECEIVED DATE 0/, xx-l6 JUN 2 7 2016 DCM- MHD €ATY -'"- 'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252.264-39011252-264-3723 [fax] PAT MCCRORY N t; DONALD R. VAN DER VAART Sr<rrmrt BRAXTON DAVIS Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastal anagement FROM: Charlan Owen ICP, District Planner Division of Coastal Management SUBJECT: Major Permit Request by Robert Webb and Gail Plucker to install 99 linear feet of bulkhead with associated return walls 20 feet west of the existing vinyl bulkhead on the Currituck Sound; at 1166 Duck Road (NC Highway 12) in the Town of Duck, Dare County. Date: June 23, 2016 Consistency Determination: The request is consistent with/not in conflict with the Town of Duck 2004 Core Land Use Plan (LUP) certified by the CRC on April 8, 2005. Overview: The .37 acre subject property has approximately 102 linear feet of shoreline along the Currituck Sound to the west. Approximately 1,335 sq. ft. of Section 404 Wetlands are located along the shoreline. The western portion of the property is located within the AE (EL7) Floodzone. Existing shoreline improvements consist of 99 linear feet of vinyl bulkhead and a pier with two (2) platforms. Normal Water Level (NWL) is located 8 feet to 25 feet west of the vinyl bulkhead. Elevations west (waterward) of the bulkhead range from 0 to 2 feet above NWL. Elevations east (landward) of the bulkhead range from 9.5 feet to 16 feet above NWL. The bulkhead is part of a continuous system installed prior to 2002 that is located along seven (7) properties with similar elevations. The Section 404 Wetlands and 428 sq. ft. of highground are located west of the bulkhead. Existing site improvements consist of a single family house, pool, associated decking, wooden retaining walls and concrete driveway. The house and initial pool were permitted under CAMA Minor Permit 2002-53 and a replacement pool and repairs to the bulkhead were permitted under CAMA Minor Permit 2010-148. A meandering 6 foot tall wooden retaining wall is located directly landward of the bulkhead and runs the width of the property. The house, pool and associated decking are located along the retaining wall. The house is located 15 feet to 24 feet landward of the bulkhead and 5.5 to 9 feet landward of the retaining wall. According to a submitted engineer's report and contractor's study of the property, the vinyl bulkhead and wooden retaining wall are showing signs of significant stress on the tiebacks and deformations in the alignment are visible, settling is occurring within the pool area, the first floor of the house elevations are sloping westward and several of the house's timber pilings are no longer plumb. RECEIVED JUN 27 2016 - '-^Nothing Compares --, State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 OS Hwy 17 South I Elizabeth City, NC 27909 252-2643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM 15 Page 2 of 4 Installation of 99 linear feet of bulkhead with associated return walls 20 feet west of the existing vinyl bulkhead is proposed. The return walls will tie into the existing bulkhead at the north and south property lines. The alignment will average 4 feet waterward of NWL with a maximum distance of 11 feet waterward of NWL. The bulkhead height will be 7.2 feet above NWL. Backfill from an off -site clean sand source will be used. In order to backfill the bulkhead, the pool will be removed and a ramp created within the pool area. After completion, a new pool will be installed consistent with CAMA Minor Permit #2015-307. Retaining wall sections will be repaired/replaced as necessary. The waters of the Currituck Sound in this location are classified as SC (suitable for fish propagation) and are closed to shellfish taking. Water depths within the project area are approximately 1 foot below NWL. There is 4 miles of open water west of the site. The project area is void of Submerged Aquatic Vegetation (SAV) due to the shallow water depths and dead SAV mats that accumulate along the shoreline; however, in water depths greater than 1 foot SAVs were observed. There appear to be no archaeological sites on or adjacent to this property. Anticipated impacts resulting from this project are expected to include: the filling of 396 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC), 428 sq. ft. of Estuarine Shoreline AEC and 1,210 sq. ft. of Section 404 Wetlands within the Estuarine Shoreline AEC. Basis for Determination: The subject property is designated as `Residential Areas" on the Town of Duck Future Land Use Map (FLUM). The project site is located within Areas of Environmental Concern (AECs). The following LUP policies may be applicable to this request: Issue Area #6 Currituck Sound Shoreline: Policy #6a, page IX-10. "Duck supports continued management of the Currituck Sound shoreline to protect and preserve the natural resources of the water and shoreline relying primarily on the CAMA permit program and the Areas of Environmental Concern (AEC) designated under the CAMA program. Duck reserves the right to review, comment, advocate, or oppose any regulations or programs that may affect the regulation of estuarine waters and/or the estuarine shoreline." RECEIVED JUN 2 7 2016 Nothing Compares - DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 A No* Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 4 Policy #6b, page IX-10. "Duck will: provide clear direction to assist decision making and consistency findings for zoning, divisions of land, and public and private projects; ..." Issue Area #13 Natural Hazard Areas: Policy #13a, page IX-16. "Duck will prevent the disruption of natural hazard areas by adopting and enforcing ordinances and procedures to regulate land use, development, and redevelopment and supports applicable State and Federal laws and regulations regarding land uses and development in areas of environmental concern." Policy #13d, page IX-16. "Support State and Federal policies that regulate the location and intensity of development in State designated areas of environmental concern." Policy #13f, page IX-16. "Allow development and redevelopment within special flood hazard areas subject to the provisions and requirements of the National Flood Insurance Program, CAMA regulations, and the Town's zoning ordinance." Policy #13j, page IX-16. "Regulate uses and activities in and on the Atlantic Ocean and Currituck Sound through adoption of overlay districts to address the impacts of development and redevelopment and uses on natural features to avoid introduction of hazards to these sensitive environmental resources." Issue Area #27 Uses of and Activities in and on Ocean and Sound Waters: Policy #27b, page IX-27. "Duck will encourage the safe and environmentally friendly use of the waters of the ocean and sound by residents and visitors alike; and, encourage private and public recreational uses within Town waters that are appropriate with respect to RECEIVED JUN 27 2016 ",Nothing Compares , State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 4 A maintaining water quality, ensuring public safety, and ensuring quality of leisure experiences." Issue Area #28 Water Quality: Policy #28a, page IX-28. "Duck will coordinate development review and enforcement of local ordinances with applicable State and Federal laws and regulations regarding protection and enhancement of water quality and areas of environmental concern." RECEIVED JUN 2 7 2016 DCM- MHD CITY '!`Nothing Compares —_- State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 3 Coastal Management ENVIRONMENTAL OUALITV June 15, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Robert Webb & Gail Plucker 1166 Duck Road in the Town of Duck, Dare County New bulkhead waterward of failing bulkhead/retaining wall system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/06/16 to Courtney Spears, Assistant Major Permits Coordinator, 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. ✓ ltus 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 s DATE l� RECEIVED JUL 18 2016 >3 Nothing Compares.. Stele of North Carolina I EnAroomenral Quality I Coastal Management ,{�•, s-r • �• 1367 US Hwy 17 South I E3i7 b City, NC 27909 D C M— M H D s 252-264-39011252-264-372,3[fax] f Coastal Management ENVIRONMENTAL OUALITV June 15, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Richard Peed, Erosion & Sedimentation Control Division of Energy, Minerals & Land Resources, Doug Huggett, Major Permits Coordinator Division of Coastal Management BRAXTON DAVIS Director JUN 2 8 T 15 u93zn _ ]IC', CAMA/DREDGE & FILL Permit Application Review Robert Webb & Gail Plucker 1166 Duck Road in the Town of Duck, Dare County New bulkhead waterward of failing bulkhead/retaining wall system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/06/16 to Courtney Spears, Assistant Mai or Permits Coordinator, 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. RECEIVED SIGNED DATE ���� /4��L JUL 05 Z016 DCM- MHD CITY -5 ''Nothing Compares-, Stile of North Carolina I Fnvim menW Quality I Coastal Management 1367 US Hwy 17 South I Mizabeth City, NC 27909 252-264-39011252-264-3723 [fax] Spears, Courtney From: Scarbraugh, Anthony Sent: Monday, July 11, 2016 2:21 PM To: Spears, Courtney Subject: Robert Webb and Gail Plucker Project Courtney, I plan on conducting a site visit this week and will provide comments by Thursday before 5. Anthony Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 FITS Nothing Compares,- . Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. N tulManagemenr IHONMENTAL QUALITY June 15, 2016 MEMORANDUM TO: y • t! 0 SUBJECT: Applicant: Project Location: Proposed Project: ^ r' 16 a f� PAT MCCRORY Gommor DONALD R. VAN DER VAART See-fary RECEIVED/NMENR/DWn JUN 2 7 2016 Water Quahty Regional Operations SectIon Was6ington Regional Ofte BRAXTON DAVIS Dimclor Robert Tankard, Environmental Engineer DWR - Water Quality, Aquifer Protection Section, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal. Management CAMA/DREDGE & FILL Permit Application Review Robert Webb & Gail Plucker 1166 Duck Road in the Town of Duck, Dare County New bulkhead waterward of failing bulkhead/retaining wall system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/06/16 to Courtney Spears, Assistant Major Permits Coordinator, 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: �gency has no objection to the project as proposed. This agency has no comment on the proposed project. SIGNS 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. D DATE -3" othrng•Compares� State of North Carolina I Eavuormental Quality I Comml Management 1367 US Havy 17 South I Elizabeth City, NC 27909 252-264-3901125L264m3723 [11ax] l� PAT MCCRORY NOT A CAMA PERMIT Governor )i DONALD R. VAN DER VAART Water Resources ENVIRONMENTAL OVALITY July 28, 2016 Robert Webb and Gail Plucker 9315 Navaho Drive Brentwood, TN 37027 &.elory S. JAY ZIMMERMAN Subject: Approval of 401 Water Quality Certification with Additional Conditions Webb and Plucker Property— 1166 Duck Road in Town of Duck Dear Mr. Webb and Ms. Plucker: Dower DWR # 2016-0622 Dare County You have our approval for the impacts listed below for the purpose described in your application dated June 15, 2016 and received by the Division of Water Resources (Division) on June 21, 2016. These impacts are covered by the attached Water Quality General Certification Number 3900 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 otherfederal, 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 certification(s) 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 Certification are 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 Wetlands W-1 (Bulkhead) 0.03 (acres) 0 (acres) Sheet No. 1 of 2 Open Water OW-1 (Bulkhead) 0,01 (acres) 0 (acres) Sheet No. 1 of 2 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a Slate of North Carolina I &rwomental Quality l Water Resourens—Water Quality Regional Operations Washington Regional Office 943 Washington Square Mail, Waahington, NC 27889 252-946-6481 ROBERT WEBB AND GAIL PLUCKER DWR# 2016-0622 401APPROVAL Page 2 of 4 new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)1 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3900, [15A NCAC 02B .0507(c)] Continuing Compliance 4. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional Office at 252.946.6481 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] 5, 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 .02201 6. SQ1 The permittee shall report to the local DWR Regional Office, within 24 hours, all significant spills as defined under Section 311 of the Clean Water Act (Ref; 40 CFR 110.10 and CFR 117.21) or section of CERCLA (Ref: 40 CFR 302.4). Additionally, the permittee shall report spills including: any oil spills of 25 gallons or more and any spill regardless of amount that causes sheen on surface waters. Other Conditions 7. Re Opener Clause Robert Webb, Gail Plucker, and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. Robert Webb and Gail Plucker ROBERT WEBB AND GAIL PLUCKER DWR# 2016-0622 401APPROVAL Page 3 of 4 shall require their contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the Robert Webb, Gail Plucker, and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 8. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant Is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H .0507 (c)] 9. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http://Portal.ncdenr.org/web/wa/swp/ws/401/certsandpermits/apply/forms). [15A — — NCAC 02H .0506(b)(5)) 10, This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E 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.coml 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 ROBERT WEBB AND GAIL PLUCKER DWR# 2016-0622 401APPROVAL Page 4 of 4 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 DENR: Sam H. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrauah[a ncdenr.rtov if you have any questions or concerns. Sincerely, '0 44 Robert Tankard, Assistan Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 3900 Certification of Completion cc: Courtney Spears, DCM Morehead City Ron Renaldi, DCM Elizabeth City Josh Pelletier, USACE Washington Regulatory Field Office (via email) Samir Dumpor, DEMLR WaRO Laserfiche George Wood, Environmental Professionals, Inc. (via email: obxwood@yahoo.com) PAT Govemar RECEIVED DONALD R. VAN DER VAART Secretary' CoastalMana§emenf JUN 211 2016 BRAXTON DAVIS irector ENVIRONMENTAL QUALITY June 15, 2016 lul unot:♦1 Jul TO: Samir Dumpor, Environmental Engineer II Division of Energy, Minerals & Land Resources — Coastal Stormwater FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Webb & Gail Plucker Project Location: 1166 Duck Roadin the Town of Duck, Dare County Proposed Project: New bulkhead waterward of failing bulkhead/retaining wall system Please indicate.below your agency's position or viewpoint on the proposed project and return this form by 07/06/16 to Courtney Spears, Assistant Maior Permits Coordinator, 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 e 1 DATE _ Nothing Compares 7 2,5 -16 State ofNa th Carolina I Envi+'onmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723(fax] 'jgyU [';�F ;EAAT•S Energy, miner I andLandResources ENVIRONMENTAL QUALITY July 25, 2016 Mr. RobertWebb and Ms. Gail, Plucker 9315 Navaho Drive Brentwood; TN 37027 Subject: Stormwater Permit Exemption Stormwater Project No. SW7160613 Robert Webb &Gail Plucker Bulkhead Dare County Dear Mr. Webb and Ms. Plucker: PAT MCCRORY Gmntor DONALD R. VAN DER VAART Secretary TRACY DAVIS Director On Jun 27, 2016, the Washington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of your CAMA Major application for proposed bulkhead project, located at 1166 Duck Road. in the Town of Duck, Dare County, NC. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose.surface water quality threats from stormwater runoff since no new impervious area is.proposed. The Director has determined.that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 21-1.1000. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan orCAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal obligation to obtain other permits and approvals, which may be required by Federal, State, or local government agencies, rule or law. If you have any questions, or need additional information concerning this matter, please contact me at (252) 946-6481. Sincerely, 7 Samir Dumpor, PE Regional Engineer sd: G:\SD\Exemptions\SW7160613 cc: Doug Huggett, DCM Washington Regional Office State efNarth Carolira'I Enwaamental Quality i Encrgy, Mineral and Land Resources 943 Washington Square Mall. I Washington. NC 27889 252-946-6481 T 0 Water Resources ENVIRONMENTAL QUALITY a PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director MEMORANDUM: To: Courtney Spears Assistant Major Permits Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Clif Whitfield, Environmental Engineer, PWSSNVaRO Date: June 15, 2016 Subject: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Webb & Gail Plucker Project Location: 1166 Duck Road in the Town of Duck, Dare County Proposed Project: New Bulkhead waterward of failing bulkhead/retaining wall system REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 6-28-2016 RECEIVED JUL 0 5 Z016 DCM- MHD CITY State of North Carolina I Environmental Quality I Water Resources Public Water Supply Section I Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27889 252 946 6481 1 Fax 252 948 0040 1 www.newata.org/pws/ e Coastal Management ENVIRONMENTAL QUALITY June 15, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED JUN 2 0 2016 DOA STATE PROPERTY OFFICE Tim Walton, Manager State Property Office PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Doug Huggett, Major Permits Coordinator Division of Coastal Management BRAXTON DAVIS Director CAMA/DREDGE & FILL Permit Application Review Robert Webb & Gail Plucker 1166 Duck Road in the Town of Duck, Dare County New bulkhead waterward of failing bulkhead/retaining wall system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/06/16 to Courtney Spears Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-33301. 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. �N9 This agency approves of the project only if the recommended changes are PAL incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED W nAt Ceti 40 4 -AAJ-- DATE )1( 1—aolto -^/'Nothing Compares � State of North Carolina I Eavironmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] RECEIVED JUL 11 2016 DCM- MHD CITY 4 CoastalManag pent ENVIRONMENTAL OU June 15. 2016 MEMORANDUM TO: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY 1 Gowmor L"J L6 R. VAN DER VAART 41 rr Secmmry 1 'ti 11 1 BRAXTON DAVIS r _ Ulmctar Renee Gledhill -Early NC Department of Cultural Resources Dr CAN1A/DREDGE & FILL Permit Application Review Robert Webb & Gail Plucker 1166 Duck Road in the Town of Duck, Dare County New bulkhead waterward of failing bulkhead/retaining wall system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/06/16 to Courtney Spears Assistant Major Permits Coordinator, 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-33301. 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. VThis 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 ILL ��'�Y(�UItXX� DATE !"Nothing Compares,. JUN 2 4 2015 State of Nonh Carolina, Enwonmemal QW14 ; C=Ial dLuvoement 1367 US Hwy 17 South I Elizabeth Ca)', NC 27909 252-264-39011252-264-3723 [bix] i Coastal Management ENVIRONMENTAL QUALITY June 15, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: U U JUN 2 0 2U16 II Way ter O Shellfish Sanitation & Recreational ecrion PAT MCCRORY Governor R. VAN DER VAART Secreiary BRAXTON DAVIS Director Shannon Jenkins Marine Fisheries — Shellfish Sanitation & Recreational Water Quality Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Robert Webb & Gail Plucker 1166 Duck Road in the Town of Duck, Dare County New bulkhead waterward of failing bulkhead/retaining wall system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/06/16 to Courtney Swears, Assistant Major Permits Coordinator, 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. 7This 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 _ (eAD /!f R E E !V E D rate" S4*AJVJ-rojpIalS JUN 2 2 2016 ^Nothing Compares -n., . State of North Carolina I Environmental Quality I Coastal Management DC M - M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] PAT MCCRO(ky Cs EN� ON' M" XL OU;",Tr 711ne15,2016 ')'O: FROM. $UHaECT: Applicant: Project LocatiOw DONALD R VAN DEtI V Asf` oTr BI:AX'tON D pVI S, Ron Pace, PE; State tiwy Ad strator NC Dep;;11ent of'tTHA;Po DOU$ jiugSett' Ma. Pet mtsit C o dinator 1) is. on of Coastal M CAMDUT)GE & FILL Permit APpltcaU NReview Proposed Project: Please indicato form by p. 7/06j Robert Webb & Gail Plucker 1166 Duck Road in New bulkhead watetward agency's Due County 1;1,. . "no Proposed pe tact tax: comments with su R�Renaldi 5� data are requested, .REPLY: This agencyhas no objection to the Project M proposed. ,Ibis agency has no corhmont on. the proposed project. This agency approves incorporated. See attached. Project only rf. the r�Ommended Chan ges are corner ntsy objects to the project for reasons deseribd in the attached SIGNED state oM..' Nogg COmpares_. Mh G,v11na12h1911 b-1h Wnlh 1369 [19 R..y Sowh 1611zoboeh C11r I27009 �.NC rr�i Msnn4cment 252-264-39011292.264-J ffh ij i 0 Coastal Management ENVIRONMENTAL QUALITY June 15, 2016 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary & 1(A O(.. 20, o9- MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Maria Tripp Dunn NC Wildlife Resources Commission Doug Huggett, Major Permits Coordinator Division of Coastal Management BRAXTON DAVIS Direaor CAMA/DREDGE & FILL Permit Application Review Robert Webb & Gail Plucker 1166 Duck Road in the Town of Duck, Dare County New bulkhead waterward of failing bulkhead/retaining wall system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/06/16 to Courtney Spears, Assistant Major Permits Coordinator, 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/117�� DATE 731(, REm r� I V E D JUL 0 S 2016 Nothing Compares �/1 State of North Carolina I Environmental Quality I Coastal Management D C M - ' Y f H r , T� 1367 US Hwy 17 South I Mizabeth City, NC 27909 252-264-3901 1 252-264-3723 [fax] t 2 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: July 6, 2016 SUBJECT: CAMA Dredge/Fill Permit Application for Robert Webb and Gail Plucker, 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 at 1166 Duck Road in Duck, NC. 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 construct a new bulkhead waterward an existing, failed bulkhead The alignment will be waterward adjacent properties, between 4' and I F waterward the existing structure. Approximately 1210 ft of Section 404 wetlands will be filled The Currituck Sound in this location is classified SC by the Environmental Management Commission. The NCWRC has reviewed the permit application and although we generally do not look favorably at bulkheads constructed significantly waterward existing structures, not in alignment with adjacent structures, and that fill wetlands, we will not object to the project due to the significant failure of the ' existing structure and the damage done to the residential structures. The proposed bulkhead is engineered to allow tie -backs and to help remedy the failing structures on the property. 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 RECEIVED maria.dunn(a�ncwildlifc.org JUL 0 8 2016 DCM- MHD CITY Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 PAT MCCRORY Governor RECEIVED C. DONALD R. VAN DER VAART JUN 2 7 2016 &Crd-Y Coastal Management 136&FIsherlee BRAXTON DAVIS ENYIRONMEN7AL OUALI7Y WARD June 15, 2016 MEMORANDUM TO: Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Webb & Gail Plucker Project Location: 1166 Duck Road in the Town of Duck, Dare County Proposed Project: New bulkhead waterward bf failing bulkhead/retaining wall system Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/06/16 to Courtney Spears, Assistant Major Permits Coordinator, 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-e/� loe- — (Nothing Compares—, StetaoMorth Caroline 1 Fnvi,00 tal Quality I Coastal Mmagemenl 1367 US Hwy 17 South I ESnboth City, NC 27909 252.264-39011252-264.3723Ifa1 PAT MCCRORY Gommor DONALD R: VAN DER VAART SIfA4bl3' Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Robert Webb & Gail Plucker DATE: 6/29/16 BRAXTON DAVIS btrenm 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 applicant proposes to construct a new bulkhead 20ft west or waterward of the existing bulkhead and create a new retaining wall in the alignment of the current bulkhead creating a terraced lot. The existing bulkhead is part of a continuous bulkhead alignment that spans across seven properties. The area of high ground and wetlands that has existed forward of the current bulkhead alignment has been reduced in size by tropical storms, notably Isabelle and Irene. The project as proposed would result"in the filling of approximately 1,2CiW of404 wetlands, 400ft2 of shallow bottom estuarine habitat, and another 400ft2 of land in the AEC. The 404 wetlands consists of marsh elder, groundsel bushes, pennywort, etc. The entire shoreline in the project and adjacent areas is mapped as SAV (widgeon grass and wild celery) habitat by the NCDMF however the area proposed to be filled does not have SAV; this is normal as many times SAV does not inhabitant the area nearest the shoreline due to insufficient depth and continual disturbance. In order to protect fisheries habitat it is recommended that the applicant make some effort to avoid and minimize proposed fill of wetlands and shallow bottom habitat. Wetlands, especially those directly adjacent to open water, perform the critical function of retaining water and in doing so trap sediment and nutrients. The edge or fringe habitat that would be lost as a result of the direct fill also considered one of the most utilized areas by juvenile fish and shellfish. The project as proposed also has the potential for negative impacts to SAV where it exists near shore due to the wave refraction and scour likely to occur at the waters edge; currently there is a soft transition that reduces the potential for this to occur. The abrupt 20ft transition waterward of the proposed bulkhead compared to the rest of the shoreline could have negative impacts to adjacent habitat creating an area for sediment aniddebris accumulation on a side and increase scour on the other depending on the predominant wind conditions. Additionally if this project is permitted as proposed it could lead to the neighboring properties wanting to follow suit using this as the new bulkhead alignment potentially leading to a large impact to the habitats in the area. It is recommended that the bulkhead alignment be scaled back considerably to reduce the fill of important habitats and possibly look at other methods of creating stability close to the current alignment. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. State of Noah Carolina I Fnviromnental Quality I C=W Mxmpmem 400 Commerce Av e I Marchud City, NC 28557 252.808-29091252-247-3330(fax) 9 August 1, 2016 Regulatory Division Action ID No. SAW-2016-01474 Mr. Doug Haggett 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 Mr. David Cooper to construct a 104 linear foot bulkhead an average of 10.5 feet waterward of NWL, construct a 34'x6' pier with a 16'x16' "T" platform with two associated boat slips, adjacent to Knotts Island Bay, at 2168 Mobjack Terrace, Corolla, Currituck 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. 0 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 I I3A 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 Roy Brownlow, District Manager Morehead City Field Office North Carolina Division of Coastal Management U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Action ID: SAW-2016-01475 Project Name: Webb, Plucker Bulkhead County: Dare Permittee: Robert Webb, Gail Plucker Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Bank or In -Lieu Fee (ILF) Sponsor, who will sign the form to verify the transfer of the mitigation credits. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide mitigation associated with a single permit action, separate forms shall be provided to each mitigation Sponsor. Instructions to Sponsor: The Sponsor should verify that the mitigation requirements shown below are available and ensure that they have received payment before signing this form. By signing below, the Sponsor is accepting responsibility for the identified mitigation. Once the form is signed, the Sponsor must update the appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank/ILF Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation' 8-digit HUC and Basin: 03010205. Chnwan Rivpr Racin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian River! ne Riparian Non-riverine Non -Riparian Coastal .03 it more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03010205. Chnwan Rivpr Racin Stream (credits) Wetland (credits) Warm Cool 4-06 Cold Riparian Riverine Riparian Non-riverine Non -Riparian Coastal 1 Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Bank/ILF Sponsor shown below, and certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (or advance credits for ILF programs), as approved by the USACE, are currently available at the bank/ILF site identified below. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance. Mitigation Bank/ILF Sponsor: Great Dismal Swamp Restoration Bank, LLC Mitigation Site Debited: Timberlake Mitigation Bank (List the bank site to be debited, or indicate "Advance Credits" for ILF use of advance credits) Name of Sponsor's Authorized Representative: Beverly M. White Manager Accounting/Sales Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 14 August, 2012 6 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Bank/ILF Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to provide a signed copy of this form to the USACE Project Manager at the address below. • If changes are proposed to the type, amount or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This Mitigation is being required for a project that is located within a designated Area of Environmental Concern (AEC) by the NC Division of Coastal Management and therefore is being authorized through the LAMA Major Permit process. The US Army Corps of Engineers is proposing to authorize the work as a Programmatic General Permit 198000291 which includes those projects receiving authorization from the State of North Carolina. This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below. USACE Project Manager: USACE Field Office: Email: PEL LETI ERJOS H.R.1271 Page 2 of 2 Josh Pelletier Washington Regulatory Field Office US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 josh.r.pelletier@usace.army.mil USACE Project Manager Signature August 1,2016 Date of Signature The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at htto://regulatory.usacesuNey.com/ to complete the survey online. 6 U.S. ARMY CORPS OF Wilmington District Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at htto://ribits.usace.armV.mil. Page 1 of 2 Form Updated 14 August, 2012 Ficeived March 7.2016 The Great Dismal Swamp Restoration Bank. LLC Attn: Ms. Beverly White P.O. Box 6196 Chesapeake. VA 23323 Dear Ms. White. This letter is to request confirmation of acceptance for mitigation credits for the Robert Webb and Gail Plucker proposed impacts to wetlands. Corps' Project Number: Waterway: Permittees' Names: Location of Impact: Permit Action: Impacts (Acres/Linear Feet): Impact NWI Classification: Impact Hydrolle Unit Code: Anticipated Mitigation: Application in Process Riparian - Currituck Sound Robert Webb and Gail Plucker Duck, North Carolina NW trill 0.03 Acres None Pasquotank 03010205 0.06 Acres Thank you for providing a letter of acceptance for these proposed impacts Sincerely. Environmental Professionals. Inc. George H. Wood CEP. PWS FtECE J\JE0 30 % 0 20 b DCM_ MHp CITY Y.U, at1\ 33M • kit l DYvll. HI115. \(Nil H ( \RtN 1\ f ELEPHUSE: 1-4244141239 • F%V 25244W2t • EVItll: u6xw�wJa 7�har.c�m 0 LS The Great Dismal Swamp Restoration Bank, LLC P. 0 Itox 6186 Chc,apeake, VA 23323 Mart n 8. 2016 Mr, George Wood Environmental Professionals, Inc. P.O. Box 3368 Kill Oevll Hills, NC 27948 RE: Robert Webb and Gail Plucker Duck. NC Dear Mr. Wood: Phone(757) 487-3441 Fax (757) 487-8680 Receives ncm-c The following price quote is given in reply to your request for the purchase of 0.06 Riparian wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp Restoration8ank Timberlake Farm. These credits are currently ava8able from our Timberlake mitigation bank. The cost will be Two Thousand, Two Hundred, Eighty Dollars (S 2,290.00). This quote will expire on June 30, 2016, you will need to submit to the USCOE the necessary application for said mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank, To complete this transaction, we will require payment in full. Once payment is received, the credit sale will be reported to the US Army Corps of Engineers. Please provide and/or confirm the following information: Corps Project N: Waterway: Riparian—Currltuck Sound Permittee Name: Robert Webb and Gail Plucker Locality of Impact: Duck, NC Permit action (i.e., IP, NW P-39, enforcement, etc.) NW 18 Impacts (acres/linear feet): 0.06 Impacts NWl classification; None Impacts Hydrologic Unit Code: 03010205 Mitigation Bank, Permittee, and Consultant agree not to discuss with any other parry the details and/or pricing of this agreement, unless necessary for regulatory matters. information contained herein shall be held in the strictest confidence. Thank you for allowing us to quote on this project. We look forward to working with you. Simerely, Manage,--ounting / sales GOERS CC: File RECEIVED JUN 2 0 Z016 DCM- MHD CITY � Received PROIR8�18Y1 MANNING FOR A BETTER ENVIRONMENT March 8, 2016 Ms. Christa Renee Springston 175 Oak Shadow Way Fayetteville, GA 30215 Dear Ms. Springston, !)CM -EC C (Via Certified Mail/Return Receipt Requested) Environmental Professionals, Inc. has been retained by Mr. Robert Webb and Ms. Gail Plucker to represent them to the North Carolina Division of Coastal Management for the purposes of obtaining a permit to authorize the replacement of the bulkhead. These improvements are depicted on the attached plat and further described in the application on property that is adjacent to yours on the Currituck Sound in Duck, Dare County, North Carolina. Should you have any questions regarding this request, please contact me or Mr. Ron Renaldi with the North Carolina Division of Coastal Management. Environmental Professionals, Inc. Attn: George H. Wood, CEP, PWS P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone No.: 252-441-0239 Cell Phone: 252-423-1234 Email: obxwoodnayahoo.com North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 1367 U.S. 17 South Elizabeth City, NC 27909 Telephone No.: 252-264-3901 Email: Ronald.Renaldi@ncmail.net If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc. The North Carolina Division of Coastal Management provides 30 days from the date of notification in which to comment. I appreciate your consideration of this matter and remain available to answer any questions you may have regarding this request. Sincerely, EDVlrO ental Professio , Inc. t ,'. Wood, , C rge H. CEP, PWS Attachment: a/s I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. j &�*- 4 SIGNATTJF& V DA E RECEIVED JUN 2 0 2016 DCM- MHD CITY P.O. BOX 3368 - KILL DEVIL HILLS, NORTH CAROLINA 27948 - 252441-0239 FAX: 252-441.Ml - EMAIL: ob:wood®yahm.com 3 Coastal Management ENVIRONMENTAL QUALITY June 15, 2016 Mr. George Wood Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948 Dear Mr. Wood: PAT VICCRORY DONALD R. VAN DER \'HART BRAXTON DAVIS The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of Robert Webb and Gail Plucker for State approval for development of their property located at 1166 Duck Road in Duck, Dare County. It was received complete on June 14, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is August 28, 2016. 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 June 14, 2016, 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 the proposed development. You should post this notice at a conspicuous point along the 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 the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. RECEIVED ' N(Ahiny Compai cs - , JUN 2 U 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] D C M- M H D CITY Mr. George Wood June 15, 2016 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, Frank Jennings District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC Robert Webb and Gail Plucker, Applicants, Brentwood, TN NOTI(** mi z00' iz F. o "'AMA PERMIT N M APPLIE FOR PROJECT: Construction of a new bulkhead waterward of a failing bulkhead/retaining wall system. As proposed, the alignment will require the filling of delineated USACOE 404-Wetlands, COMMENTS ACCEPTED THROUGH _ 0710912016 FOR MORE DETAILS CONTACT APPLICANT: THE LOCAL PERMIT OFFICER BELOW: Robert Webb & Gail Plucker .� Ron Renaldi, Division of Coastal 9315 Navaho Drive Management, 1367 US Hwy 17 S., Brentwood, TN 37027 Elizabeth City, NC 27909 c/o George Wood, EPI 252-264-3901, ext. 237 252-441-0239, ext. 105 Received ZI Town of Duck Local'Goverrimeni MINOR DEVI as authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission for development ' in an area of envfronment concern pursuant to Section 113A-118 of the General statutes, "Coastal Area Management" "3—air—if) Issued to Andy Fones; authorizing development in the Estuarine Shoreline (AEC) at 1166 Duck Road, Four Seasons'in Duck subdivision, lot 127, Phase 2, in the Town of Duck, Dare County, as requested in the permittee's application, dated and received February 17, 2010. This permit, issued on March 2, 2010, is subject to compliance with the application and site drawing; all applicable regulations and special conditions and dies set forth below:, Any violation of -these terms may subject permiude.to a fine, imprisonment or civiCaction, or may cause the permit to be null and void.. This permit authorizes: repair of existing bulkhead, removal of existing pool and installation of new pool. DWI deck and pool barrier, partial conversion of existine concrete drivewav to eravel. ' I- Ij' All''proposed divel' ment ands associated construction.. must be done'in accordance with the perntitted work •plat drawings(s) prepared by Gloria J. Rogers surveyed 2/4/2010.. 2) 'All construction most conform to the N.C. Building Code requirements and all other local, State and Federal' regulations, applicable local ordinances and FEMA Flood Regulations. changb or changes in the plans -for development construction, or.laad.use activities will require a m evaluation and modification of this permit. 4) A copy of this permit shall be posted or available on site. Contact this office at 252-255-1234 for i final inspection at completion of work. A final, as -built survey detailing lot area and covelgge within the Estuarine Shoreline (AEC) will be required. (Additional Permit Conditions on Page 2) • . EEC v . .Ep — �uN-g a 20fa This permit action may be appealed by the permitlee or ogler qualified persons within Nventy (20).da of the issuing'dale. From the date of an appeal, any 'work cbndgcledunder Ihls permit must cease until the appeaf.is resoWed. This permit must Iiii on the project, site, and accessible to the permit officer when the " project is inspected for compliance.: Any maintenance work or project mocilfication riot covered under this permit, require further wdffen permit approval: All work must cease when.thls.pemdt expires on: OCTOBER 31, 2014 In Issuing this permit it is agreed that this project is consistent with the local Land Use Plan'and all applicable ordinances.; This permit may not, lie -transferred to - enothei. parry••without the 'written ,approval of the Divislon of Coastal Management. . . ' , DCM' ry4ND C SA�DY CAD CAM L PERM OFFICIAL P.O. Box 8369 Duck, NC 27949 PERMITTEE.- (Signature required if conditions above apply to permit) Name: Andy Fones Mirier•Permit # D-2010.148. Dater March 2, 2010 Page 2 5) the�amount of impervious surface shall not exceed 30% of the lot aiea within"75 feet of Normal Water" Level (Estuarine Shoreline Area of Environmental Concern). %6) ' Unless specifically allowed m 15A NCAC 01H. 0209(d)(10); and shown on the permitted plan drawing, all development/construction shall be located a distance of 30 feet landward of Normal Water Level. 7) This.permiCdoes not authorize development in any wetlands or open water areas. 8) All.unconsolidated matedilsesulting from associated grading and landscaping shall be retained on site. . by -effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line offilter cloth or silt fencing must be installed between the. land disturbing activity and the "adjacent marsh or open water areas. The.ftlter cloth or siltfencing shall be properly maintained throughout the construction period, shall be installed such that it is properly toed -in io'the soil and shall remain in place until such time asconstruction has ceased and the area has been properly stabilized with a vegetative cover. Mb4 (initial) 9) Any proposed grading within the 30'. buffer from the Normal Water Level must be contoured to prevent additional storthvJater runoff to.the adjacent marsh. This area shall beimmediately vegetatively stabilized, and must remain in a vegetated state. 10) All other disturbed areas -located within th6 Estuarine Shoreline Area of Environmental Concerti shall be vegetatively stabilized within 14 days of construction completion. ll) This permn f reflects an ektended expiration date of October 31,-2014 in accordance with Sessioh Law 2009-406. Signature Date Rece'ueu ♦A TOTAL AREA - 15,579 +/- TOTAL IMPERVIOUS AREA . HOUSE - 1.593 SO, FT. DECK AND PORCH - 921 CONCRETE OPoV£WAY - 1, POOL - $23 SO. FT. LOT CDVMACE - 29.8s nClNli'}' BE A MINIMUM OF 30' FROM SURFACE-" C Fam .,ERMINED BY CAMA AT THE /MENT OF THE INDIVIDUAL LOT. 10 .10 UTIU-Y EASEMENT; .J RIGHT-CF-WAY COVERED ._NTERED ALONG SIDE PROPERTY LINES DECK ALONG REAR PROPERTY LINES R ADDRESS: 1166 DUCK ROAD ;1, PIN ff 985916825720 ID �.� . SO. FT. S0 / 4,673 c I, S0. Fr.SO AL AL 93e �' COASTAL MANAGE MARSH ELIZABETH LL i >3� Fr. MAA 11 rs OF AREA INSIDE A.E.0 LINE - 2.46 +/- 50. FT. TOTAL IYPFRMOUS AREA - 2,465 SOU FT. HOUSE - 1.265 SO. FT, DECK AND PORCH - 660 SO. FT. CONCRETE DRIVEWAY - 77 SOL FT. POOL - 323 S0. Fr. LOT COVERAGE . 27.47s AE I LOT 128 + N ,,rrauu4ryq � �.\�� CARp ''•. ,3p'�vECET" DN ON E.SS fO fti : PRESERVATION EASfM 9 a�SEAL � ; L-3531J. = ►� 0 — CALL POINT X - PAINTED X ON CONCRETE 0 - E10STING PIN X '- FIRE HYDRANT _ ® - WATER METER D1 - TELEPHONE Eq - WATER VALVE ®- SANITARY MANHOLE 'zb- AVG. GRO. ELEVATION (1988 DATUM) I, GLORIA J. ROGERS, P.L.S., CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM MAP Ds AND Inch 30 ft. DEC( MAP 3 DECK all LOT 127 3 SHARED DRIVEWAY EASEMENT 20' WIDE X VARIABLE LENGTH 505't5'31"E 9ES.20' N.C. 16Raw K ROAD 0 -11- -Ik' !EA OF CONCRETE f0 BE REMOVED AND REPLACED —BY GRAVEL X�. 9E1.T6' EC ►VED LOT 127, PHASE 2 FOUR SEASONS IN DUCK JUN 2 0 2016 I, GLORIA J. ROGERS, P.L.S., CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM MAP Ds AND Inch 30 ft. DEC( MAP 3 DECK all LOT 127 3 SHARED DRIVEWAY EASEMENT 20' WIDE X VARIABLE LENGTH 505't5'31"E 9ES.20' N.C. 16Raw K ROAD 0 -11- -Ik' !EA OF CONCRETE f0 BE REMOVED AND REPLACED —BY GRAVEL X�. 9E1.T6' EC ►VED LOT 127, PHASE 2 FOUR SEASONS IN DUCK JUN 2 0 2016 Received q Dar Vounty 2002-53 L al GobCr vernment ,CM_� Permft N r CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." Issuedto Lew San Properties, LLC authorizing development in Duck, NC at 1166 Duck Rd Lot 127 Four Seasons as requested in the permittee's application, dated 4-29-02 This permit, issued on 5-10-02 is subject to compliance with the application and site drawing (where consistent whh the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. PERMIT TO CONSTRUCT A SINGLE FAMILY RESIDENCE AND POOL PERMIT REQUIREMENTS 1. All proposed development and associated construction must be done in accordance with the permitted work plat drawing as originally submitted. 2. All construction must conform to N.C. Building Code requirements and all other local, state and federal regulations. 3. Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. 4. The amount of impervious surface areas shall not exceed 30% of the lot area within the 75 ft. Area of Environmental Concern. 5. The 30 ft. buffer rule must be adhered to; reference 15A NCAC 7H.0209. 6. This permit does not authorize development in wetlands. W This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit m-st cease until the appeal is resolved. This permit must be on the project she and accessible to the Permit officer when the project Is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 31, In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. A Local PermitOfficer (sign ature) Jim Meg&s Kill Devil Hills Satellite Office name Drawer1000 RFrFiyrn mad Manteo, NC 27954 _ JUN 2 n 7nf.� DCM- MHn r+�rY er (signature required if special conditions above apply to permit) 0 UJ ce N.= ITE NPNITY MAP I NE xpi �. Poo" 41 i �r NOTES: PLAT NORTH 1. EASEMENTS. IF ANY, NOT SHOWN. PC E, SL 516 NO TITLE REPORT FURNISHED. 2. AREA BY COORDINATE METHOD. d 3. SETBACKS PER RECORDED PLAT. (�`,D 4 COVERAGE: LOT AREA 16.719 S.F. 50 BUILDING 2,716 S.F. PARPOKING 1'3914 Sf TOTAL 4.967 S.F. (29.7%) F r r I r R r H r r A � CLWGf/l o Received woap , Ma' C J Q OxaLPIG� dV PxMGS A �1 M ' 107 11B CLWLIPfIf $wB -I/0!YI — � Svw.aFO RJ' L'PI•KlV FOURS .4SCWS IN DUCK I ILLt m r y I L �rY FA.OEN/ PHASE 7 o' IK LAC RG L SL. 515 O ." oecr o AST —I � ppFyFYAALW — r LOI /16' � FOUR 5EAS6WS /N DUCK LOT 127 AV^'� 7 = P. C E, 51. 515 ' JQ 719t sR /L �. m I/W I 98.20' —_-- — N.C. 12 DUCK AD —� ---60 R/W FL 6MF PAN - EXISTING IRON ROD WATER METER FIRE HYDRANT o 375348 0017 D 58"02 LEWSAN PROPERTIES, LLC w No. a n 1 "=30' r.; LOT 127, PHASE 2 aSP CERTIFY THAT THIS FOUR SEASONS IN DUCK IREPARED UNDER MY SUPERVISION F P ICTUAlucstil MADE UNDER 1 10. Tr,�Ap 2, OUNDARIES ATLANTIC TOWNSHIP JDARE COUNTY NORTH CAROLINA it SHOWN AS JE$'P ED1FQfilI�IyFORMA77 :X RE DkD AS -NOTED E1 /j{t�D� OF..TTpp CI§ION Bissell Professional Group 4417 North Croaton Highway 0r - MISS P.O. 6oX 1068 Y THIS Kitly Hawk, North CarolNa 27949 • . , , , • (252) 261-3225 or 261-3266 7A 2002 In FAX (252) 261-1760 O `vP Engineers, Plonnen, Surveyors r, •1µ+-� anal Environmental Specialists L-4271 PAT MCCRORY Om mo DONALD R. VAN DER VAART .Semi,^ Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals(a-)thecoastlandtimes.net FROM: Yvonne Carver. Administrative Assistant DATE: 06/15/16 SUBJECT: Public Notice: Robert Webb & Gail Plucker BRAXTON DAVIS pimcior Please publish the attached Notice in the Sunday, June 19, 2016 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 of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (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 -"'' Nothing Compares,... State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] RECEIVED JUN 2 0 Z016 DCM- MHO Cl-f) 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 complete on 06/14/16. Robert Webb & Gail Plucker propose to construct a new bulkhead waterward of a failing bulkhead/retaining wall system, located at 1166 Duck Road in the Town of Duck, Dare County. As proposed, the alignment will require the filling of delineated USACOE 404-Wetlands. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, 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 07/09/16, 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, June 19, 2016 i� Recorded: 04/17/2015 04 33-14 PM 13Y Var raft Mwn..snw+ Vw=ft MnMwran3mM, Roomer or Deed; Dare County. NC GN Aorc $26 00 NC Fi To 32 400 00 O `A� BooK 2014 PAGE 709 (3) DARE J-}� REAL ESTATE %,tmt0700 1I �' COUNT 'f _'q'. TRRMSVER TAM N LT I oil ' S12,Cx•� Nww By. �t H. McCown, McCown Co A McCown, PA, PO Box 729. Mateo, NC 27954 Return To, E. Crry Grit), Jr., Gray A Lloyd, LLP. 3120 4 Cro" Hwy. SWU 101, Kill Devil Hills. DIC 2794$ Delinquent tun, iP,Mjy, are to be paid by the closing Arto u. the Canty To Cnlleaar upon dnburxrnem of proceeds. !m LAND TRANSFER T\� }II0: 1091-15 LAND TRANSFER TA S12,000.00 Excise To $2,40000 NORTH CAROLINA, CONY OF DARE PARCEL M 010067127 Brief Description =dex: Lot 127, Phan 2, Four Seasons NORTH CAROi�ilili GENERAL WARRANTY DEED THIS DEED made this the 1 UPON A STAR LLC, Gentor, of 1020 wife, Gail Plucker, Grmtee, of 9315 N The designation Grantor and Grantee successors, and assigns, and shall include sing by context. WITNESS1(tH: day of A�r1, 2013, by and between WISH orte Dnw, Lititz. PA 17543, and Robe" Webb rd rive. Brentwood, TN 37027; herein shall include said parties, their heirs, mi. masculine. feminine or neuter as required That the Grantor, for a valuable conadfxation paid by the Grantee, the mceipt of which is hereby acknowledged, has and by these preams does gmrtjrar w" sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land siw!a-!d in the Town of Duck. Atlantic Township, Date County, North Carolina and more particularly ®scribed as follows: SEE EXHIBIT A ATTACHED HERETO AND NADFXXIPART HEREOF 1 n 16 0 �G RECEIVEL, JUN 2 0 2016 DCM- MHD CITY 611 1, The properryllcreirtabove describedwasacquired by Grantor by inmimentrecordcrLin Book Q97 at Page 1, Public Registry of Dare County, North Carolina. \"tAll or a portion of the property herein conveyed does not include the printery residence of the GY(FO HAVE AND TO HOLD the aforesaid lot or parcel of lend and all privileges and appurte iltlm' thereto belonging to the Grantee in fee simple. And the Grntor covenants with the Granter:, that for is sewed of the preen)'ses in fee simple, has the right to convey the same in flea simple, that ' e is marketable and ftea and clear of all encumbrances, and that the Crrantor.will warrant and ackti the title against the lawful claims of ell persons whomsoever except for the Title to theftperty herein above described is subject to the following exceptions: Easements and t�strietions of record. IN WITNESS WHEREOF, the Grantor has heramto set his hand and seal, orif corporate, has caused this instrument t6& signed in its corporate name by its duly authorized officers by authority of its Board of Direct m the day and year first above written O Yx\ W! (SEAL) qY attbt:w E. Mideap, II ember- anger STATE OF OL COUNTY )F AMASke ), y,�� certify that sial t th me this day, acknowledging to tha he voluntarily aitb stated therein and in the capacity indicated: MatthewM 1 Upon A Star, LLC, a North Carolina Limited Liability Witness my hand and official stamp or seal, this the Seal -Stamp) Colmm »eanholpwft ree NOTANfALSEAL. JENNIM N. HERSHEY. Notary Pubic Lien Gem, taneanter County MV COMM119 err Ea 'me Ju 74, Yana asonally appeared before document for the purpose :tuber -Manner of Wish of &erj 1 � 2015. V O 0 XA� EXHIBIT A All tha,Y certain lot or parcel of land being Lot 127, Phase 2, of Four Seasons in Duck Subdivisio, phs,as shown oo that Map or Plat entitled in part "Final Plat Four Seasons in Duck Phase 2, AH4tic Township, Dart County, Borth Carolina", by Bissell Professiomal Group, as recorded iobCC11TT.• Cabinet E-1, Slides 515 through 511, Dare County Public Registry, reference to which is heroy made for a more complete and concise description of the lands being herein described. 0 YVI Y10 RECEIVED JUN 2 0 2016 DCM- MHD C,TY q MAJOR PERMIT FEE MATRIX Applicant: WEBB & PLUCKER 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 or open water areas: Il. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Modification to a $250 100%($250) 0%($0) MA Major ermit For development that lves the filling and/or avation of up to 1 acre etlands and/or open er areas, determine if A, , or D below a lies: Ror ). Private, non - El mercial development, if $250 100%($250) 0%($0) neral Water Quality ification No. 3490 (See ched can be a lied: ). Public or commercial elopment, if General $400 100%($400) 0%($0) ter Quality Certification . 3490 (See attached) IX applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff RECEIVED determined that additional review and written DWQ JUN 2 0 2016 concurrence is needed because of concerns CITY related to water quality or pCM_ MHD aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (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 open water areas: vl 1346gB C D Date: 211� Received From: cz W, S` $ Permit No.: Q l o i �d ° �� )r ari W eTs S aeS— '/ Chel No.: �o� C� Applicant's Name: o �r¢ i wci� �� County: � �`-rE— ��-6b Project Address: - d4$2(P DUUS- ff 9e42-4i ('k-�y NC Division of Coastal Management Cashier's Official Receipt Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: C c d Y /Mar / Signature of Feld Representatives Y��c. Date: Date: Received P M {- �j 7 71'E 4y AUTHORIZATION TO ACT AS Rli{ NF.SF.NTKI IVY. FORM Landowner of record authorixs Fnvitonmemal Profnsionals, Inc. to 1. enter the property io gather environmental and site infonratia,t, including delineation of environmental regulatory jurisdiction%; 2. enter the site with the regulatory agenefes (Le U S. Army Corps of F.ngineen. North Carolina Division of Coaual Management, Nortb Carohns Division of Water Quality, etc.) as rsceded to review regulatory aiignmrntfs) andlw to idealify neldilinnal regulatory jurisdictions; ). submit plats and other information to acquire regulatory agency confirmations, approvals, and/or determinalions (U.S. Army Corps of kngincen, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.); and 4. act as agem for the purposes of oblaining envirenmemd permits, authtxixarions, and/or de enninations Landowner Client is /�lis Date Date RECEIVED JUN 2 0 2016 DCM- MHD CITY ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (11101120122) Applicant: Robert Webb & Gail Plucker Date: 61132016 Project Site County : Cumtuck Staff., Ron Renaldi District: SElizabeth City ❑Washington []Morehead City [:1 Wilmington Project Name: Rover File: Date of initial application submittal (EX; 1l812007): 31282016 Date application received as complete" in the Field office (EX: 1/8/2007): 6/14 f If. SITE DESCRIPTION/PERMIT INFORMATION PNA: []Yes ENO Photos Taken: Yes M No[] Setback Required (riparian): ®Yes ❑ No Critical Habitat: []Yes No Not Sure 15 foot waiver obtained: El Yes MNo Hazard Notification Returned: []Yes MNo SAV. Yes MNo ❑Not Sure Shell Bottom: El Yes ENo ❑ Not Temporary Impacts: Yes No Sure Sandbags: El Yes MNo ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LURE Yes ❑No MYes ❑No Moratorium Conditions: Yes 0No Environmental Assessment Done: []NA ?MNA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) High Quality Waters (HOW) Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Saficornia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina alterniffora) cynosuroides) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus El (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ ill(A) Private w/D&F up to 1 acre; M 111(D) Pdv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 cant be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 111(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 RECEIVED Major development extension request - 11. Public or commercial/no dredge $100 and/or fill - $400 JUN El 1. Private no dredge and/or fill - $250 III(C) Prw. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 �e ^��A D C N4 - M h D 0 I L 252-808-2808 :: b888.4RCOAST :: www.necomstalmanagemont.net rsvis": Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Robert Webb & Gail Plucker 0 W W V LL 17 Date: 611312016 Describe below the ACTIVITIES 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 One Bulkhead (Not j New Work Replace 99 1 65 4 NWL vinyl) Maint ❑ ❑ Y ®N Fill (below H2O) j New Work Replace 11.7 Maint I--] ❑Y®N High Ground j New Work ® Replace 428 428 Disturbance Maint ❑ ❑ Y ® N Fill 1 New Work Replace 99 20 6.5 Maint ❑ ❑ Y ®N mitigation New Work Replace 1210 Maint ❑ ❑ Y N N New Work Replace Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y S N New Work Replace Maint❑ ❑Y❑N New Work ❑ Replace Maint❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint [I ❑Y❑N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Ej Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint❑ ❑Y❑N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace - Maint ❑ ❑ Y ❑ N New Work Replace ..� Maint ❑ ❑ Y ❑ N cn New Work EJ Replace o Maint [I ❑Y❑N G New Work Replace �y Maint ❑ ❑ Y ❑ N Z , New Work 13 Replace Maint ❑ ❑ Y ❑ N NewWorkEl Replace Q Maint ❑ ❑ Y ❑ N revised Nov. 2012 , division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Robert Webb & Gail Plucker Dy Date: 6/13r2016 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. FL (Applied for. Disturbance total includes any anticipated restoration or tem impacftj FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for Disturbance total Includes any anticipated restoration or tamp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount High ground Dredge ❑ Fill ❑ Both ❑ Other ® 426 426 Shallow Bottom Dredge ❑ Fin ® Both ❑ other ❑ 396 396 Shoreline Dredge ❑ Fill ® Both ❑ Other ❑ 102 102 USCoE welland Dredge ❑ Fill ® Both ❑ other ❑ 1210 1210 Dredge ❑ Fill ❑ Bath ❑ 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 ❑ RECEIVED JUN 2 0 2016 DCM- MHD CE Y 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net I revised: Nov. 2012 l§ v j WCZ5 r� I� RECEIVED JUN 2 0 2016 DCM- MHD Ot I`y 65 I'm �> ji's ��u � E'I IIIIUIINIlI� w c) w r foul er F ~ A y r WV \ y l f ' ow r u LAA -7-5 �l RECEIVED JUN 2 0 2016 DCM- MHD Cl- 4, aift�� 1 , T I I ,, I 1 11 m . �,1,, .- rim•-�-'��+'�":'� �,/f, f-A r .r v itf i y Div J } - l 1 s Y i ml j J y r. } � 4 91OZ 09 WII 0 0 �� 1 IIJ RECEIVED JUN 2 0 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL OUALITY George Wood Environmental Professionals, Inc. PO Box 3368 Kill Devil Hills, NC 27948 C'/ PAT MCCRORY cownor DONALD R. VAN DER VAART S�eevy BRAXTON DAVIS aA!cra April 8, 2016 RECEIVED APR 21 2016 DCM- MHD CITY Re: Webb/Plucker Major Permit Application for a Bulkhead at 1166 Duck Road Dear Mr. Wood: The NC Division of Coastal Management hereby acknowledges receipt of your application on March 28, 2016, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted as per 15A NCAC 077.0204. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation. With the retained copy of the application, I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: 1. Adequate Work Plans or Drawings have not been submitted. Please address the following items: A Cross -Section Drawing must be submitted that: - Please submit a scaled cross-section drawn to an engineer's scale. - Reflects depths and elevation of new work relative to existing ground level. - References elevations to zero at NWL. Currently, SWL is indicated and shows a water depth of —4' which is not the accurate water depth. 2. A Narrative Description of the proposed development was provided; however, during a conference call that I took part in between you and the adjacent riparian owners to the north addressing project concerns, it was stated that the house pilings have begun to shift and the -^ "Nothing Compares. State of North Caroline I Favironizental Quality I Coastal MamgeE00111 1367 US Hwy 17 South I Elizabeth Gty, NC 27909 252-264-39011252-264-3723[ful George Wood Aprii 8, 2016 Page 2 of 2 house is settling. This is pertinent information and should be included in the narrative. Also, it appears that there are no alternatives such as moving the house landward away from the failing bulkhead, if this is true, then include this in the narrative. Please submit a narrative that addresses the full activities of the project, along with appropriate needed justification for permitting development activities that can have negative environmental impacts. 3. Green and white Certified Return -Mail Receipt copies were submitted with the application to document the Notification of Riparian Property Owners. It should be noted that before a Major Permit can be issued, the signed Certified Mail "green cards" or signed notification forms must be submitted to this office. 4. Additional information required to complete the permitting process includes: A site visit on 3/31/2016 revealed that there is a large cypress tree stump with an extensive root system that appears to be located at the southwest comer of the proposed bulkhead alignment. Please explain the method that will be used to remove the stump for bulkhead installation (i.e. washing out, attaching a chain and yanking it out, etc....) To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerel L/ Ron Renaldi Field Representative Division of Coastal Management cc Court�I ex-S s Assistant Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Robert Webb & Gail Plucker, Applicants CURRITUCK SOUND (PUBLIC TRUST WATERS) COASTAL i ! VED.ANOS J MATCHUNE 20' (NP) AL DL WOOD REINDONG WALL ('4"1E') FJJLW ZONE •AE (EL 7.41 FJ.RAN. ZONE x z m m CA LOT 128 N N/F rn� CHRISTA R. SPWNCSTON D.D. 1752. PC. 137 7W ESNARDNE� SHORELINE AEC — N05-15'31•W 83.78' SET MASONRr'NNL.9: . . CL OF NC 12 4k Received MAICHLINE Dr.N4-EC �y® 5t4 is 3 Dd WMUMMLFFM saw SITE APPROVED NORTH CAROLINA ENVIRONMENTAL _ MANAGEMENT COMMISSION ,- DMSION OF WATER RESOURCE$ COASTAL vfocs rrnA"°5 DATE VICINITY MAP . ..•.... .. --v....+.• N.T.S NORMAL WATER LINE WETLANDS (FLAGGED BY C.AM.A.) 1,35s SF. / LINE (/ U.SGE) I I I W, I F]<661MG v i POOL iR EMMING NOT TUB wrru 2 STORY FRAME DV91LING CH PMG6 MIN ENCLOSURE cIKUETE I DRM og PORCH 26a Q ,02• y' 28.0' I YxD S1D5 jQI ' LO/ TT N1ALK RIETAOM UPLANDS W 1=I 127 14,768 SF.E` St. 515 jrI EAsrog" PER PC RI 5p VEGETAl10N PpESQNATION m _ — c C I ( 2N NLB.L Q -- �----15 DRAINAGE E U1NTY TNE 0 w m 40 GRAPHIC SCALE: 1" = 20' 15' T�)ACK ANCHOR PILE Mp) AL EXISTING RETAINING ( WALL l M I G LOT o 126 N/F I .ICE DUCK ILL lLC j D.B. 1907. PC. 166 "=' i NOTES: Imlu 1) OWNER A APPLICANT: rjo I ROBERT WEBB h GALL PLUCKER I 9315 NAVAHO DR q I BRENTWOOD, M 37027 Ia i I 2) SUBJECT ADDRESS 1166 DUCK RD. DUCK. KC IC B I 3) PIN/ M916626709 I REFERENCES: PLAT CAB. E, SL 515 I IC 1 D.B. 2014. PG. 709 I� 1 4) F.LRAL 372OW3.9 A DATED: 8-20-06 I a r 5) ELEVATIONS PER NAYD 19ft I 4 < I 6 TOTAL TRACT AREA- 16.123 SFt I i4 � I I I q i PROJECT NOTES: 1 I I TOTAL WETLAND AREA- 1.= S.F. 1 I TOTAL AREA TO BE FlUED- 1.833 SF I I f 0.0' I TOTAL WETLAND AREA TO BE EXCEED= 1,210 SE I �J I 10.0' }-- I I I 1 .. -Vf i ROBERT WEBB & GAIL PLUCKER 1166 DUCK ROAD LOT 127, FOUR SEASONS IN DUCK TOWN OF DUCK, DARE COUNTY, N. C. srxa DATe MMMc PIIOfLT IR ' SWROAPASWAL PfnFE39VML4 lMC Planning for a Better Environment 1404 S. Virginia Dare Try P.O. BOX 3388 — KILL DEML MILLS, NC 2790 MATCHLINE Received CURRITUCK SOUND (PUBLIC TRUST WATERS) COASTAL WETLANDS MATCHUNE PROPOSED BULKHEAD\ 20' (TYP) ,ems AL pisi, DL WOOD RETAINING WALL (•M-4_y- )\/ F.I.R.M. ZONE -AE' (EL 7.4') F.I.R.M. ZONE 'X' z Oo w CA Cl LOT 128 N CO N/F C CHRISTA R. SPRINGSTON D.B. 1752, PG. 137 75' ESTUARINE - SHORELINE AEC 1405'38lo5w 3.7' � h SET MASONRY NAIL ¢ CL OF NC 12 ' 1410. DCjM-EC 9L9 9S '3 Od COASTAL WETLANDS NORMAL WATER UNE WETLANDS (FLAGGED BY C.A.M.A.) 1.355 S.F. RANDS LINEy .. 'ED BY U.S.C.E) .1� 70l� �V �l nurruc EWSIMC 2 STORY FRAME DWFLUNG ON PRINGS WITH ENCLOSURE VICINITY MAP N.T.S. 15' 71E-BACK (TYP) AL EXISTING RETAINING WALL LOT 126 N/F JCB DUCK III. LLC D.B. 1907. PG. 188 I I I 1.11 I 20' o . 140' m f !1no' q m 0 70,2 \ 14.7 PORCH 25.0' CONCCRREETE DRIVI �E (1. ; _. v Ox __--0' IRi Iml� rl I Iz ID I I� c ,,, ? t� B i NOTES: 1) OWNER & APPLICANT: I ROBERT WEBB & GAIL PLUCKER I 9315 NAVAHO DR. I BRENTWOOD, TN. 37027 2) SUBJECT ADDRESS: I 1166 DUCK RD. DUCK, N.C. I 3) PIN/ 985918826709 I 3 REFERENCES: PLAT CA8. E. SL 515 I 4 10.Y I I __ WOODz STEPS 1 D.B. 2014. PG. 709 1,-•L, I� IPI o y I 4) F.I.R.M. 3720993500J. DATED: 9-20-06 5)) ELEVATIONS PER NAVD 1988. _ I I �� $ m I 6) TOTAL TRACT AREA- 18,123 S.F.t EXISTING EpSI1NG oiol LOT Ww°AOucD RETAINING I i4 I a I I;l UPLANDS WALL 127 14.768 S.F. SL 515 I� I 4 I PROJECT NOTES: ICI PRfSER VA.80N EASEMENT PER PC I v \y1 TOTAL WETLAND AREA- 1.355 S.F. "TOTAL W i I VpETpTOH 1 i AREA TO BE FILLED- 1,833 S.F. TRE C I TOTAL WETLAND AREA TO BE FILLED- 1.210 S.F. -- I I 10.0' I I T - _& unuT'1 � e S05M5'31 E EXISTING CROSS -CUT NC CAMA MAJOR 'DEVELOPMENT 0 0 10 20 40 n Z GRAPHIC SCALE: 1" = 20' n m = o 0 C' < n m =1 v ROBERT WEBB & GAIL PLUCKER 1166 DUCK ROAD LOT 127, FOUR SEASONS IN DUCK TOWN OF DUCK, DARE COUNTY, N. C. SCME DATE OIGWIY PR0.ECT NR SIF£D 1'-2y 3/i/18 K.O. 18-056 1 DF2 ENWVAAOVTAL PROFESSONALS, AC. Planning for a Better Environment 1404 S. Virginia Dare Tran P.O. BOX 3368 — KILL DEVIL HILLS, NC 27948 PHOAE (210 40,0M FAX (251PJ 44FO721 i 6x6 T.W. WALES 030" O.C. MAX: VERTICAL SPACING. FASTEN TO PILE w/%"O THRU—BOLT w/2"x2"x (6" WASHER (TYP.). OVERLAP VERTICALLY AT SPLICE LOCATIONS (TYP.). 15 FT. MIN. 2x8 T.W. BACKING BOARD 1 8"O TIMBER PILES 05'4" FT. O.C. S1 SPACING & 10 FT. (MIN.) EMBEDMENT DEPTH (TYP.) %"0 BOLT (4)PER LAP SPLICE WALE JOINT. STAGGER VERTICALLY & CENTER ON PILING (TYP.). "O THRU—BOLT w/OGEE WASHER & NUT (TYP.) his"O GALVANIZED LAG SCREW. (1)3" LONG PER FRONT FLANGE & (1)1.5" PER REAR (TYP.) VINYL SHEET PILE — 525 SERIES SHOREGUARD (TYP.) T.W. WALER (SEE ELEVATION SECTION FOR SIZE) 2x4 T.W. TOP CAP or 202 T.W. TOP CAP 8 FT. RETAINING WALL PLAN VIEW SCALE: 1" = 4' Received AM OCM-EC Wg z a EXISTING RETAINING WALL o W 20 FT. MIN. BY OTHERS TO REMAIN x 0 m n "v 0 15 FT. MIN- EXIST. GRADE ELEV.: +9.7' w V 9 n 8 O Rx woqmg T.W. TOP CAP (SEE PLAN) UI 5 a z _.. 0 o, PROP. FlNISHED GRADE ELEV: +7.2'..... ; z:T a a = N w 41 , i. = LL1I 30" MAX. ; . `, :_::' nhsly,l� £:',, s ? 0 O ^:.•2x8 T.W. BACKING BOARD TYP. ;.`< N C-A,? wi 6 im W J w _ z SEAL x +' 4 W U z a r PROPOSED 525 SERIES SHOREGI RD ''VINYL SHEETING 16 FT. LENGTH. MIN.;—<' �s S FT. EMBEDMENT DEPTH TYP.. `' "'' ( ) 1 - o 6l TIMBER PILES 05'4" FT. O.C.:::^:: ..:...;,...z•. :::.:.;:..:,:.. ::...,..;•._ `SPACING & 10 FT. (MIN.) �a"� GALV. TIE BACKg U z o ; `•__ EMBEDMENT DEPTH (TYP-) 0 w 2"x2" ROD / x74s '� W ,WASHER & NUT OEA.:"�--' END (TYP.) W ••EXISTING z o — Q GRAN SOILS SAND 8"x8"x8 Fi. T.W.:..ANCHOR .: ,...,:'...t....,......<:-:.�c,L-`..1:-:.'•:'.:'- < 'PILE ®5'4" FT. D.C. EXISTING GRANULAR SOILS(SAND)!..`.` ............:.,.._,:..:•'- (TYP.):: 8 FT. RETAINING WALL SECTION VIEW W *" S7 SCALE: 1"=4' JUN 20 2016 'o ' NOTEs: DCM- MHD CITY t 1) ENGINEER ASSUMES NO RESPONSIBILITY FOR EXISTING STRUCTURAL CONDITIONS. _ 2) IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO INSURE PROPER INSTALLATION OF ALL METAL FASTENERS PER MANUFACTURER'S SPECIFICATIONS. 3) IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY ALL DIMENSIONS AND INFORM ENGINEER OF RECORD OF ANY DISCREPANCIES PRIOR TO CONSTRUCTION.m�s9o�gw 4) STEEL BOLTS AND LAG SCREWS SHALL BE HOT DIP GALVANIZED. ALL BOLTS TO BoEgoa HAVE WASHER AND NUT. zz d"o=S!o wo 5) ALL WOOD MEMBERS FOR THE RETAINING WALL SYSTEM ALONG THE SHORELINE oaSHALL BE p Sp06O O ACCORDANCE WITHTHERN PINE AWPA UCSB SITH A TANDARDSMUM PRESERVATIVE TREATMENT IN �8gpg8w€� $=moo 6) ALL WOOD MEMBERS FOR THE RETAINING WALL SYSTEM 30 FT. FAST OF THE 6=" <; SHORELINE SHALL BE #2 SOUTHERN PINE WITH A MINIMUM PRESERVATIVE TREATMENT SCALE: IN ACCORDANCE WITH AWPA UC4B STANDARDS. 1" = 4' OF a 2-25-16 REVISED: 5-27-16