HomeMy WebLinkAbout88-16 Webb & Plucker Minor Mod Submittalqw_ A
Coastal Management
ENVIRONMENTAL QUALITY
May 23, 2017
Robert Webb
Gail Plucker
9315 Navaho Dr.
Brentwood, TN 37027
ROY COOPER
Governor
MICHAEL S. REGAN
.Secretary
BRAXTON C. DAVIS
Director
FILE
SUBJECT: Coastal Area Management Act (CAMA) Minor Modification (#88-16) Submittal
for Robert Webb and Gail Plucker in Dare County
Dear Mr. Webb and Ms. Plucker:
This letter is in response to the above referenced CAMA minor modification, which was
requested through the Division's Elizabeth City's office on March 16, 2017. Processing of the
modification is ongoing. However, it has been determined that additional information will be
required prior to the Division taking final action on your application. The required item is
summarized below:
1) Based upon the Town of Duck's (Town) letter dated 5/2/2017, it appears as though the
Town has objected to the project due to non-compliance with local zoning ordinances
concerning fill within the Ocean and Sound Overlay District and fill in excess of 36
inches in height. A copy of the Town's objection letter is attached for your reference.
Therefore, it is necessary that processing of your minor modification be placed in abeyance until
such time as the required information is provided to the Town of Duck, and a copy of the Town's
approval and all necessary documentation is provided to the Division of Coastal Management.
If you have any questions concerning these matters, please feel free to contact me by telephone
at (252) 808-2808 extension 215, or by email at grega.bodnar(a.nedenr.gov.
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Offxe 1 400 Commerce Avenue I Morehead City, NC 28557
252 8082808
r. A
Sincerely,
4:41
Gregg Bodnar
Division of Coastal Management
Assistant Major Permits Coordinator
CC:
George Wood, Environmental Professionals, Inc. (PO Box 3368, Kill Devil Hills, NC 27948)
Joseph H. Heard, Director of Community Development, Town of Duck (PO Box 8369, Duck,
NC 27949)
Ron Renaldi, DCM Elizabeth City
State of North CaroOna I Environmental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
2528082808
ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
TO: Greg Bodnar, Assistant Major Permits Coordinator,
Division of Coastal Management, Morehead City
FROM: Ron Renaldi, Field Representative, DCM R.A.P.
THROUGH: Frank Jennings, District Manager, Northeastern District, DCM
DATE: April 7, 2017
SUBJECT: Request for Minor Modification of Major Permit #88-16 issued
to: Robert Webb & Gail Plucker
REFERENCE: (a) Letter from George Wood of Environmental Professionals,
Inc, Authorized Agent for Applicant, (received April 3, 2017)
requesting a Minor Modification to Major Permit #88-16
(b) 15A NCAC 073.0405, Permit Modification
Minor Modification to Major Permit
1. George Wood, on behalf of Robert Webb & Gail Plucker, has requested a
Minor Modification to Major Permit #88-16, which was issued on August 3,
2016 and expires on December 31, 2019. The original major permit
authorized the construction of a new bulkhead waterward of a failing
bulkhead/retaining wall system and the placement of backfill material within
USACE 404-wetlands.
2. George Wood has requested to modify Major Permit #88-16 to realign the
north and south return walls so that rock riprap can be placed waterward of
the bulkhead returns within the previously authorized alignment.
3. I conducted a site visit on March 30, 2017 to review the Minor Modification
request pursuant to the provisions of reference (a) and have determined that
the request meets the requirements contained in 15A NCAC 07H .0208 USE
STANDARDS. Specifically, the request to modify the bulkhead return=CEIVED
--Nothing Compares -
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951 [fax]
APR 10 2017
DCM- MHD CITY
I b
North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 2 of 2
April 7, 2017
alignments and place riprap waterward of the returns will comply with
07H.0208(b)(7)
4. The required fee of $100, paid by Check #1295 was received by the Elizabeth
City District Office on April 6, 2017.
5. It is recommended that the Minor Modification request be granted, provided
all the Permit Conditions of the original permit issued on August 3, 2016
remain in effect.
NOTE: Circulated to NCDWR, USACE & Town of Duck
Attachments: Copy of Minor Modification Request, including work plan drawings,
Adjacent riparian owner notification certified mail receipts
/ Received
\\ 1PR 3 - 1917
tTORASIONK> DMEC
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March 16, 2017
North Carolina Division of Coastal Management
Attn: Mr. Ron Renaldi
401 S. Griffin Street — Suite 300
Elizabeth City, NC 27909
Dear Mr. Renaldi,
This letter is with reference to CAMA Major Development Permit #88-16, Robert Webb and Gail Plucker.
Please find enclosed a revised plat dated March 2, 2017 to reflect the modification to realign the north and
south return walls so that rock rip -rap can be placed and remain within the previously authorized fill
alignment. This request is made, in part, due to the urging of the Town of Duck Town Council to address
their concerns regarding potential impacts to the adjacent riparian property owners. I have also enclosed
the Project Engineer's cross section drawings for the proposed rip -rap.
Thank you for your expeditious consideration of this request for a minor modification to CAMA Major
Development Permit #88-16.
Sincerely,
Environmental Professionals, Inc.
144, J
G rge H. Wood, CEP, PWS
Enclosures: a/s
cc: Mr. Robert Webb
Mr. Bryan Weisbecker
RECEIVED
APR 10 2017
DCM- h�HD CITY
P.O. BOX 3368 - KILL DEVIL. HILLS, NORTH CAROLINA 27948
TELEPHONE: 252441-0239 - PAX: 252-441-0721 - EMAIL: obxwood(a)yahoo.com
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RECEIVED
APR 10 2017
DCM— MHD CITY
PLANNING 1'0R
A BETTER
ENVIRONONi'
April 6, 2017
JCB Duck, 111, LLC
108 Mill Pt.
Kitty Hawk, NC 27949
To Whom It May Concern:
Received
A.�p6-2017
C EC
(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 modification to
their CAMA Major Development permit to authorize the replacement of the bulkhead. The modification is
depicted on the attached plat and reflects the placement of rock rip -rap at the junction of the return wall and
the bulkhead.
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, PAS
P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone No.: 252441-0239
Cell Phone: 252423-1234
Email: obxwoodnyahoo.com
North Carolina Division of Coastal Management
Attn: Mr. Ron Renaldi
401 S. Griffin Street —Suite 300
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,
Environmental Professionals, Inc.
l/ 44pr�
G ge H.1& Wood, CEP, PWS
Attachment: a/s
1 have no objection to the project described in this correspondence.
I have objection to the project described in this correspondence.
SIGNATURE
DATE
RECEIVED
APR 10 Z017
DCM- MHD CITY
P.O. BOX 3368 • KILL DEVIL HILLS, NOR7'll CAROLINA 27948 • 252441-e239
FAX: 252441-0721 • EMAIL: obxwood(nlvahmixom
PLANNING FOR
A RrrrrR
rNMONMrN7'
March 8, 2016
Ms. Christa Renee Springston
175 Oak Shadow Way
Fayetteville, GA 30215
Dear Ms. Springston,
a
Received
.Pn 6-2017
D C A fi a'.
Receive
h, 6 .,
DME C
(Via Certified MaiUReturn 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 modification to
their CAMA Major Development permit to authorize the replacement of the bulkhead. The modification is
depicted on the attached plat and reflects the placement of rock rip -rap at the junction of the return wall and
the bulkhead.
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: obxwood@yahoo.com
North Carolina Division of Coastal -Management
Attn: Mr. Ron Renaldi
401 S. Griffin Street — Suite 300
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,
Env' onmental Professionals, Inc.
de�ge��,��
Wood, CE ,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.
SIGNATURE
DATE
P.O. BOX 3368 • KILL DEVIL HILLS. NOIC111 C:AROLINA 27948 • 252-91-0239
FAX: 252.441-0721 • EMAIL: obxwoodlalvaboo.com
r r
r
Coastal Management
ENVIRONMENTAL OUALITV
May 2, 2017
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
ROY COOPER
c,.I
MICHAEL S. REGAN
S"'I"AIn
BRAXTON C. DAVIS
Director
Anthony Scarbraugh, DWR - Water Quality - 401, WaRO
Joe Heard, Director of Community Development, and Sandy Cross,
Permit Coordinator/CAMA LPO; Town of Duck
Josh Pelletier, US Army Corps of Engineers
Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management, Morehead City
CAMA Minor Modification Request to Major Permit #88-16
Robert Webb & Gail Plucker
1166 Duck Road in the Town of Duck, Dare County
Realign return walls of bulkhead; placement of riprap
Please indicate below your agency's position or viewpoint on the proposed project modification
and return this form to 400 Commerce_ Avenue, Morehead Citv. NC 28557. You may also send
your comments by fax: 252-247-3330 or email. If you have any questions regarding the
proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. 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 .�/z �!7 MAY 0 5 201'
-�,`-' Nothing Compares --
State of North Carolina I Environmental Quality I Coastal Management DC M- M (S 6
401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909
252-264-3901 1 2S2-331-2951 [fax)
M
TOWN
NORTH CAROLINA
May 2, 2017
Greg Bodnar, Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
RE: Proposed Modification to CAMA Major Permit #88-16
Mr. Bodnar:
The Town of Duck is registering its objection to the proposed fill/bulkhead/rip-rap project
(CAMA Major Permit #88-16) on and adjoining the Webb/Plucker property at 1166 Duck Road,
because the proposed project is not in compliance with Town standards regulating the fill of
coastal wetlands and land disturbance activities. The project proposes to add fill approximately
eight feet (8') in depth extending approximately twenty feet (20') out over the wetlands of the
adjoining Currituck Sound.
• Subsection 156.037(D)(5) of the Town of Duck Zoning Ordinance prohibits any filling of
wetlands within the Ocean and Sound Overlay District (OSO), which includes the
Currituck Sound and adjoining Areas of Environmental Concern.
• Subsection 156.128(A)(12)(a) of the Town of Duck Zoning Ordinance does not permit
fill in excess of thirty-six inches (36") in height.
To acquire approval from the Town of Duck, the property owners must obtain a variance from
the Duck Board of Adjustment to obtain relief from the restrictions on fill in the OSO district.
The property owners must also obtain a special exception from the Duck Town Council to
exceed the 36" fill limitation. There is no guarantee that the property owner will obtain approval
for either of these applications. Until the property owners have received approval for both the
special exception from the Duck Town Council and variance from the Duck Board of
Adjustment, it is the Town's position that the proposed project does not comply with current
Town standards and cannot proceed as designed.
RECEIVE®
MAY 0 5 2017
DCM- MHD CITE'
P.O. Box 8369 • DUCI(, NORTH CAROLINA 27949 • 252.255.1234 . 252.255.1236 (FAX)
WWW.TOWNOFDUCK.COM
Please note that the Duck Town Council held a public hearing and voted to deny a previous
special exception application for the initial design of this project on February 1, 2017. So, the
property owners will need to submit a new application form for the revised design of the special
exception. The property owners have also submitted a variance application that was deferred at
the applicants' request pending the redesign of the project.
You are welcome to contact me with any questions concerning this matter at (252)255-1234 or
iheard@townofduck.com.
Sincerely, k )�/
Joseph H. Heard, AICP
Director of Community Development
REC
MAY 0 5 ;
DCM- -
-7 -4 ;
;, .
"Bodnar, Gregg
From: Bodnar, Gregg
Sent: Monday, February 13, 2017 3:17 PM
To: Renaldi, Ronald
Subject: RE: Webb/Plucker Major Permit #88-16
We figured. But Doug wanted to make sure the same level of detail was available for the reviewers.
Thanks,
Gregg
From: Renaldi, Ronald
Sent: Monday, February 13, 2017 2:33 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: RE: Webb/Plucker Major Permit #88-16
Thanks Gregg! Oh, and that drawing I sent was a quick sketch I did just to illustrate the point.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Monday, February 13, 2017 2:27 PM
To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>
Subject: RE: Webb/Plucker Major Permit #88-16
Hey Ron,
Just talked to Doug on this one and here is the breakdown. Minor mod, notify both neighbors and notify DWR
and USACE. Also need a drawing of the modified design with the level of detail that Environmental Professionals Inc had
created.
Gregg
From: Renaldi, Ronald
Sent: Thursday, February 09, 2017 3:19 PM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: Webb/Plucker Major Permit #88-16
Gregg,
I have another potential request for a permit modification. This one is located in the Town of Duck and was for
an engineered bulkhead 20' waterward of an existing bulkhead with highground, wetland and open water fill.
The applicant has run in to some issues with the Town and a possible solution to alleviate the issue to pull the
return walls in from the property lines and add riprap along the returns staying within the property lines (see
attached example drawing). How would we process the modification? I'm thinking it would be a Minor Mod.
Bodnar, Gregg
From: Renaldi, Ronald
Sent: Thursday, February 09, 2017 3:19 PM
To: Bodnar, Gregg
Subject: Webb/Plucker Major Permit #88-16
Attachments: D00O20917-02092017151745.pdf
Gregg,
I have another potential'request for a permit modification. This one is located in the Town of Duck and was for
an engineered bulkhead 20' waterward of an existing bulkhead with highground, wetland and open water fill.
The applicant has run in to some issues with the Town and a possible solution to alleviate the issue to pull the
return walls in from the property lines and add riprap along the returns staying within the property lines (see
attached example drawing). How would we process the modification? I'm thinking it would be a Minor Mod.
Ron Renaldi
Field Representative
NC Division of Coastal Management
NC Department of Environmental Quality
Ronald.Renaldi@ncdenr.gov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
!>,'Nothing Compares_,,,_
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
-� �-
y ( � � �.._
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��
Water Resources
Environmental Quality
May I, 2017
MEMORANDUM
TO: Anthony Scarbraugh, DWR - Water Quality - 401, WaRO
Joe Heard, Director of Community Development, and Sandy Cross,
Permit Coordinator/CAMA LPO; Town of Duck
Josh Pelletier, US Army Corps of Engineers
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management, Morehead City
SUBJECT: CAMA Minor Modification Request to Major Permit #88-16
Applicant: Robert Webb & Gail Plucker
Project Location: 1166 Duck Road in the Town of Duck, Dare County
Proposed Project: Realign return walls of bulkhead; placement of riprap
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Please indicate below your agency's position or viewpoint on the proposed project modification (copy of
correspondence and plats attached) and return this form to 400 Commerce Avenue, Morehead City, NC
28557. You may also send your comments by fax: 252-247-3330 or email. If you have any questions
regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. 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.
agency objects to the project for reasons described in the attached comments.
SIGNED Y�\ / DATE J 111-7
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
41
% NING FOR
n BETTER
EWROWENT
March 8, 2016
Ms. Christa Rcnee Springston
175 Oak Shadow Way
Fayetteville, GA 30215
Dear Ms. Springston,
(Via Certified MailfReturn 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 mpdification IQ.
their CAMA Major Development permit to authorize the replacement of the bulkhead. The modification is
depicted on the attached plat and reflects the placement of rock rip -rap at the junction of the return wall and
the bulkhead.
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. North Carolina Division of Coastal Management.
Attn: George H. Wood, CEP, PWS Attn: Mr. Ron Renaldi
P.O. Box 3368 401 S. Griffm Street— Suite 300
Kill Devil Ilills, NC 27948 Elizabeth City, NC 27909
Telephone No.: 252*1-0239 Telephone No.: 252-264-3901
Cell Phone: 252423-1234 Email: Ronald.Renaldi@ncmail.net
Email: obxwood yahoo.rom
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 my questions you may have
regarding_dris request.
Sincerely,
Env nmental Professionals, Inc.
Il` WIC
corge Wood, CFF1ITT PWS
Attachment: als
I have no objection to the project described in this correspondence. e
I have objection to the project described in this correspondence.
SIGNATURE V DA E
P.O.DOX3368 • KILL DEVIL HILL&NORTH CAROLINA 27948 • 252.441.0139
FAX: 2a2-441-0721 • EMAIL: obmood®yaboaeom
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IRI I NOTES:
ImIN I1) OWNER a APPUCANT.
ROBERT WEBS 81 GAR PLUCKER
1 9315 NAVAHO DR.
I BREN1WOOD, IN.3=7
I I I 2) SUB"T ADDRESS:
1 TR 1186 DUCK RD. DUCK, N.C.
i 3 PUN+j 986918826709
Ic I 33 REFERENT PU1T CAB. E. SL 315
4)) F.I.R.M. 3720993500J, ATE:: 9-20-05
I 5) ELEVATIONS PER NAVD 1988.
I g < 6 TOTAL TRACT AREA- 16.123 S.F.*
I
I i I PROJECT NOTES:
I `V ^'\\ jI TOTAL WETLAND AREA- 1.355 S.F.
Y TOTAL AREA TO BE FILLED- 1,818 S.F.
I TOTAL WETLAND AREA TO BE FILLED- 1,225 SF.
1 O.O' TOTAL AREA OF RIP RAP- 190 S.F.
4-J 10.0'
41 I
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CROSS -CUT
NC 12 (DUCK ROAD)
CAMA MAJOR DEVELOPMENT
0 10 20 40
GRAPHIC SCALE: 1" = 20'
ROBERT WEBB & GAIL PLUCKER
1166 DUCK ROAD
LOT 127, FOUR SEASONS IN DUCK
TOWN OF DUCK, DARE COUNTY, N. C.
""DAMJ/1/14 KUWa Ka PL1aEcr Is-066 1 aP 2
EaNWROMMY!AL PI9 OIIIW.1� NIC
Planning for a Better Environment
1404 S. Virginia Dare TraR
P.O. BOX 3388 — KILL DEML HILLS. NC 27948
PFA w (go 44f-Qi!1110 FAX OW 411-OM