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HomeMy WebLinkAbout34-96 Reynolds, WilliamPermit Class NEW STATE OF NORTH CAROLINA Department of Environment Health & Natural Resources and Coastal Commission P�11�It d % Major Developme i of Environmental Concern pursuant to NCGS 18�,� % Excavation and/or Issued to authorizing development in Camden County , as requested in the perrnittee's 113-229 Permit Number 34-% iL J- �. V RECEIVED 'AAR 25 $96 MANAGEMENT dated 9/21/95 incl. attached workplan drawings 3 w/planview dated 8/11/95 & pier riprap cross sections dated rec. 11/14/95 This permit, issued on MARCH 8, 1996 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit authorizes shoreline stabilization with riprap (without backfdl) and pier construction depicted in the attached plans. No wetland fill is authorized on the project property, except that which is authorized by the Division of Environmental Management's Section 401 Water Quality Certification and letter dated February 12, 1996. Such Certification supports fill approved by the U. S. Army Corps of Engineers on November 18, 1995 under Nationwide Permit No. 18. 2) The riprap will not extend waterward more than 5 feet from the normal water level at any point along its alignment at the time of construction. 3) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. 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 Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing 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 DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee William T. Reynolds 4) 5) U The riprap must consist of clean rocft Faso m or broken concrete. 4) J The pier and associated structures shall haWe,a parts of the structure and the adjacent property Permit #34-96 Page 2 of 2 such as, but not limited to, granite distance of 15' between any Permit Class Permit Number STATE OF NORTH-CAROLINA Department of Enviionment, Health & Natural Resources -. Coastal Resources Commission % Major Developinent'in an Area.of-Enviromnental Concern pursuanttoNCGS 113A-118",,_ , % Excavation and/or filling pursuant to NCGS 113-229 Issued to William T. Reynolds 1617 Cuter Sark Road, Virginia Beach, VA 23454 34-96 authorizing development in Camden County at Albemarle Sound. at Camden Pt.. off SR1163 , as requested in the permince's application dated 9121195 incl. attached workplan drawings 3 w/planview dated 8/11/95 & pier riprap cross sections dated rec. 11/14/95 This permit, issued on MARCH 8, 1996 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit authorizes shoreline stabilization with riprap (without backfill) and pier construction depicted in the attached plans. No wetland fill is authorized on the project property, except that Which is authorized by the Division of Environmental Management's Section 401 Water Quality Certification and letter dated February 12, 1996. Such Certification supports fill approved by the U. S. Army Corps of Engineers on November 18, 1995 under Nationwide Permit No. 18. 2) The riprap will not extend waterward more than 5 feet from the normal water level at any point along its alignment at the time of construction. 3) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. 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 Departmental approval. All work must cease when the permit expires on December M. 1999 In issuing 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 DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee William T. Reynolds Permit #34-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) The riprap must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. 5) The pier and associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines. Permit Class Permit Number 34-96 STATE OF NORTH-CAROLINA Department of Environment, `Healtli'& Natural Resources and Coastal Resources Commission ern tt for +� X Major Development in an Area of Environmental Concern pursuant toNCGS 113Az1'18.'•'; X Excavation and/or filling pursuant to NCGS 313-229 Issued to William T. ftmolds 1617 Cutts Sark Road Virginia Beach. VA 23454 authorizing development in Camden County at Albemarle Sound. at Camden Pt.. off SR1163 , as requested in the permittee's application dated 9121/95 incl. attached workplan drawings 3 w/planview dated 8/11/95 & pier riprap cross sections dated rec. 11/14/95 This permit, issued on MARCH 8, 1996 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit authorizes shoreline stabilization with riprap (without backfill) and pier construction depicted in the attached plans. No wetland fill is authorized on the project property, except that which is authorized by the Division of Environmental Management's Section 401 Water Quality Certification and letter dated February 12, 1996. Such Certification supports fill approved by the U. S. Army Corps of Engineers on November 18, 1995 under Nationwide Permit No. 18. 2) The riprap will not extend waterward more than 5 feet from the normal water level at any point along its alignment at the time of construction. 3) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. (See attached sheet for Additional Conditions) This permitaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. 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 Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing 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 DEHNR and the Chairman of the Coastal Resources Commission. �L Roger N. Scheeler, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee William T. Reynolds Permit #34-96 Page 2 of 2 ADDMONAL CONDMONS 4) The riprap must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. 5) The pier and associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines. Form DCM-MP-1 APPLICATIO +! ss U (To be completed by all applicants) L 7 U ---------------------------- 1. APPLICANT a. Landowner: Name "/x "i tl0 I c+JLU w" (�� l l�ltl lQd✓��� Address' City State UI� Zip,'73 Day Phone rl atp6d f 1171 Fax 6 , 6 V0—.0 / %c b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) NOTE. Permit %Q be issued in now of landowner(s), and/or Project now. 2. LOCATION OF PROPOSED PROJECT a. County b. Citywn co unlr landmark C. Strpe�tt a�dddress or ndary mad Ppumber _► .0f I `Hy � Ca�LUY�f eSYi. G a� rml Po j d. Is proposed work within city limits or planning jurisdiction? _ Yes _K No e. Name of body of wa a pearest pro ect (� g. nv r, creek, sound, bay) _ bt92 vn Ar �Ja . 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavati and/or lling activities.am tj b. Is the proposed activity maintenance pf an existing Project, new work, or both? W c. Will the�pp'ect bfor public, private or commercial use? VeroU .y d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Revised 03/95 Form DCM-MP-1 SE? a 4.195 4. LAND AND WATER CHARACTERISTICS r a. Size of entire tract 16 C X b. Size of individual lot(s) c. Approxim�e�levation of tract above MHW or . NWL d. Soil typ1s).and texture(s) of tract e. Vegetation on tract � Fs f. Man-made features now on tract �TT-1C _ 7ANC g. What is the CAMA Land Use Plan land classification of the site? (Consult the total land =e plan.) f/ Conservation Developed Rural Transitional Community Other h. How is the tfact zoned by local government? Re3i�1wball i. Is the proposed project consistent with the applicable zoning? �, Yes No (Attach zoning conptiance certificate, if applicable) j. Has a professional archaeolo ical assessment been done for the tract? No If yes, by whom? Cc ER�' k. Is the project located in a National Registered Historic District or does it involve a National Register listed or elig'iplp property? Yes o 1. Are there wetlands on the site? TYes _ No Coastal (marsh) Other �— If yes, has a delineation been conducted? (Attach docnnrntation, ifavailabk) Co Descri a existing Vastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" resit enti�l discharges.) Pam ` ala o. Describe existing drinking water supply source. W LJ 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by IV white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line printsor other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name s Name f�T, f�AFW JA r�.1ffi'& `i a Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained N the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in. fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 2' ( day ofe,6 -/- , 19-12z' Print Name CHaW/eve G h°n Signature Landow r or AuthonuddAAgent Please indicate attachments pertaining to your proposed project. _✓ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development DCM MPS 'Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. n �� Ss ^' w a � � L I Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth '-"` ,� .✓� 1. 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? — Yes — No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No If yes, where? i 21wq D j i 0i� a 15�5 Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline staMiln Bulkhead/ Riprap b. Length /e,61 - 7 oL �rl c. Average distance waterward of MHW or NWL d. Maxim9 distance waterward of MHW or NWL e. Sho/r/e�l,,ine �e/rosion during pyeced'mg 12 months / f /i DAF/C //) GF • i'rin C/r_'T:r' 4 IS a f. Type�b for riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill �f h. Type of fill material •�//"_ -e- b,./- � ✓�- i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area ,f (3) Purpose ofi fill — q,/-9i'Pr b. Will fill material be laced in coal wetlands (mars ), SAVs other wetlands? y Yes No If yes, (1) Dimensions of fill arA (2) Ps —Lase n% -P 5. GENERAL a. How will excavated or fill paterial be kept o/9� site and erosion controlled? U b. What type of construction equipment will be used (for example, dragline, backhoe, or Lhydraulic dredge)? c. Will wetlands be crossed in transporting equipment to project site? - Yes X No If yes, explain steps. that will be taken to lessen environmental impacts. Applicant Signature v Revised 03195 ' Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial _Community )� Private (2) Number 1 (3) Length (4) I Width G (5) Finger Piers Yes No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes _ No (i) Number (ii) Length (iii) Width 1 (7) Number of slips proposed NI rIr­ (8) Proximity of structure to adjacent riparian l property lines U' (9) Width of water body /r ' /e f (10) Water depth at waterward end of pier at MLW or NWL 3 b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or (3) wetlands _ Maximum wetlands _ distance beyond MHW, NWL or r. F�'` � ;; __---------------- --� e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) iii. . _ Appricant or Koject Name Ignature Date Revised 03195 VAG NOW 871 ,9039"N SAILBOAT ROAD (60'R/W) NGGO29'.W 2325' loo' 100' 1oc100'100' loo' 100 ro 14 IS 100 R I6 100 R 17 100' o IB 1ao' 5 Sao 3120 100' _ 21 100' g 22 loo' 23 100' 24 100' a 25 goo R 26 too` 27 loc' 0 28 loo' 29 too 30 _ 31_— $ 32 r34 7331 e, r 35 — 39 100' ns' •+ EDGEWATER HARBOR 0 74 75 76 77 0 7B 79 80 81 82 83 84 85 _ B6 B7 88 89 90 _R 91 92 R93 n' 94 30 ROAD d 100' 1a0 Sao' lao' IW' p0' q0 Itq 100' I. q0' IOI) 100' IaO' I00 100' p0 MO' 100' Ica' 121, tT2 128 c 129 — 130 Cil 132 f33 134 ,0, 135 136 $137 138 0 139 140 8141 142 143 0 144 0145 :1 146 14T -148 ' 100' H 68029W ( 1 ASEMARLE SOUND PLAT EDGEWATER CAMDEN ISLAND CORPORATION LOTS 18 THROUGH 38, 73 THROUGH 94 AND 127 THROUGH 148 CAMDEN POINT OLD TRAP, NORTH CAROLINA SHILOH TOWNSHIP CAMDEN COUNTY, NORTH CAROLINA WSJ�� 5i rF 1, Javr W. H.aseil, crr•i1y thief urd.r n en vcr✓- field lend au, I., tde It 2Iq 1 j���Qd,e t:a•. cc aiohfla vie, mn R1at lh ter Icdmdes crrar of dvsvc n <a¢umrcd 6Y n 50LG / the, are. !. ✓� .Ccs✓Nmvry PuL11e cemO+Ra tY tn• DA!D r-I.M d: the, In.. el to G.S. 47-5O Ld/.olc.�./ _/' THESE LOTS ARE NOT MARKED ON THE e.r_, y{.,,r In fhe county of JY ' may- -,red cre.ren2 v dev. W.xi rn. „o•,d end ual d '�, vied to GROUND. FRONTAGES ARE SURVEYED end State 01 Nettn C_•oiiro, eerYdv mot Jvmer -2,,.•; e.•-r�.� AD ZE z`� dvr d IN ON SAILBOAT ROAD. W. Heucll, Reilsrtrrd lvcd a�ivgsr L•:035, J W. Haan! • did a>.-ur belare tc and et:oeh Id; 4inopre -- Fep sered Lord Sumer ki:v to mn vla,. •Thix i Mr ctmnissfvn e.R!•cs the i +;cNt day of aaPNungltgrrr .F•(H GArr�..,, SCALE I = 40' PROPERTY BEING CONVEYED TO WILLIAM T. REYNOLDS Tu AND WIFE I AUG :L tgg5 4 CHARLENE G. REYNOLDS {{ SHILOH TOWNSHIP .......... ---------------- CAMDEN COUNTY, NORTH CAROLINA JULY 11, 1995 BEING LOT 142, EDGEWATER SUBDIVISION, RECORDED IN MB 2, P 99. E/.P S 687900" E 100.00" E.1 P. EDGEWA TER DR/ VE (30 " R/W) ---------------------_ SEAL° I, EDWARD T. HYMAN. JR. CERTIFY THAT THIS PLAT WAS DRAWN FROM AN ACTUAL FIELD LAND SURVEY MADE UNDER MY SUPERVISION; THAT THE DEED DESCRIPTION FOR SAID PROPERTY IS RECORDED IN 0. B. , P. THAT THE ERROR OF CLOSURE IS 1:10,000+ ; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH BOARD RULES, WITNESS MY ORIGINAL SIGNATURE, REC. NUMBER AND SEAL THIS 1� V JUL NOTE: THIS PROPERTY IS LOCATED IN FLOOD HAZARD ZONE A3(7). EDWARD T. HYMAN. JR. R.L.S. L-2690 LOWEST FLOOR ELEVATION - N/A N.G.V.D. PO BOX 2174 GRADE ELEVATION a N/A N.G.V.D. ELIZABETH CITY, N.C. 27906-2174 (919) 338 2913 /Voi1oaS spi arvkad t413Jo)xe 554-0 d/.21 d r r Existing bank to be C� gra0ed 01Q,QA., 9 t New grade wfth t .grass cover t e C above MHW proposed Riprap 50. 200lb. stones, t ton per loot, placed along exlaling bank Vegetallon to remain 2 Section 'B' -'B' * / MHW Not to scale / MLW A 10 • zs lo. core stone , A bass on titter cloth SECTION W -'A' Budad too below MLW Not to scale REYNOLDS LOT --- 142======Number 128 Edgewater DR, Shiloh, NC State of North Carolina Department of Environment, Health and Natural Resources 1 • Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N Roger N. Schecter, Director March 12, 1996 Mr. William T. Reynolds 1617 Cutty Sark Road Virginia Beach, VA 23454 Dear Sir: 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, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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 require 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. Very sincerely, o� John R. Parker, Jr. V Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper �, �. ;,. -�,h h. 't4 �, (���`� ;_ 2, s ! �,. �t,.� �'oYq 'a: v i."+�j �'i r -'—.� c'a. DIVISION OF COASTAL MANAGEMENT ` APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: William T. Reynolds COUNTY: Camden LOCATION OF PROJECT: Lot 142, Edgewater Subdivision, Camden Point, Shiloh 10 11 12 DATE APPLICATION RECEIVED COMPLETE BY FIELD: November 14, 199 C� REC NE�� NOV 21 1995 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes co COHaIAL MANAGEMENT CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes FIELD REPRESENTATIVE: Frank A. Jennings, III DISTRICT OFFICE: Eliza - DISTRICT MANAGER REVIEW: PLLAD B) DATE APPLICATION RECEIVED I LEIGH: ll_-9 S FEE REC'D: $ PUBLIC NOTICE REC'D: END OF NOTICE DATE: I'L T'-5-- ADJ. RIP. PROP NOTICES REC'D: \A DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: �— — 9 S STATE DUE DATE: - FEDERAL DUE DATE: �,O FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE \ DENY DRAFT ON 3_5--- AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance — ✓O �R Land Quality Section Div. of Env. ana ement State Property Office Div. of Archives & History �) Div. of Env. Health�- Div. of Highways Wildlife Resources Commission 1Z_ 6 -1$ Div. of Water Resources Div. of Marine Fisheries ,-� I Z State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: John Parker FROM: Frank A. Jennings, III / [DEHNFR ' RECEIVED DEC 5 1995 ,t ,,. MAiia, EklENT SUBJECT: William T. & Charlene G. Reynolds Major Permit Recommendations DATE: December 1, 1995 I recommend the above project be approved with the following conditions: 1. The riprap will not extend waterward more than 5 feet from the normal water level at any point along its alignment at the time of construction. 2. The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 4 3. The riprap material must consist of clean rock or but not limited to, granite or broken concrete. or similar'' tterial, are not cons3ered riprap. materials such as, h as tires, car I 0 i material 4. The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 5. The pier and future associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines , as e m e wa 1367 U.S. 17 South. Elizabeth city. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, -Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: John Parker FROM: Frank A. Jennings, III I,/ 1, •�' a �� [DEHNR SUBJECT: William T. and Charlene G. Reynolds Consistency Review DATE: December 1, 1995 ­C RECENEO DEC 5 1995 EM WIENT The applicant proposes to construct a 5 foot wide riprap system, a 6' x 100' pier with a 16' x 16' platform and fill approximately 9,900 square feet of Section "404" wetlands. This project will impact the Estuarine Shoreline, Estuarine Waters and Public Trust Waters Areas of Environmental Concern. Page 39 of the Camden County Land Use Plan Update 1993 states: "The County supports the guidelines of the Coastal Area Management Act and the efforts and programs of the North Carolina Department of Environment, Health, and Natural Resources, Division of Coastal Management and the Coastal Resources Commission to protect the coastal wetlands, estuarine waters, estuarine shorelines, and public trust waters of Camden County. " Concerning 404 wetlands the LUP states on page 40: "The County supports the U.S. Army Corps of Engineers regulations and the applicable guidelines of the Coastal Area Management Act and the use of local land use ordinances to regulate development in these areas." Based on the above, as long as the project is consistent with CAMA guidelines, it is consistent with the Camden County LUP. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director AT4 � r �v 1 rr [D FE F1 February 12, 1996 Camden County �. t DEM Project # 951095 Y ' •� Rtc> APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS a I F ir48 8 r98 Ms. Charlene and ',It William Reynolds Im.. FMT 1617 Cutty Sark Road Virginia Beach, NC 23454 Dear Mr. and Ms. Reynolds: 8 5 You have our approval to install riprap at the shoreline (without back fill) and construct a pathway through wetlands to the proposed pier at Lot 142, Edgewater subdivision, Camden Point. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. Wetland fill beyond the 0.1 acre permitted by the Division of Environmental Management earlier under Nationwide Permit 18 on 20 November is Rot allowed. The top elevation of the riprap shall be no higher than Mean High Water level. This Certification replaces one issued to you earlier on 12 February 1996. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, i i Pr ton oward, Jr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files John Parker; DCM Frank Jennings; DCM-Elizabeth City 951095.Itr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733.1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 500/6 recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources -Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director AT �I [D FE FI&P February 12, 1996 Camden County RECEIVED DEM Project # 951 FEB 15 1996 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS w 'V. Az'1At W&VOWIF. Ms. Charlene and Mr William Reynolds 1617 Cutty Sark Road rrQ Virginia Beach, NC 23454 Dear Mr. and Ms. Reynolds You have our approval to install riprap at the shoreline (without back fill) and construct a pathway through wetlands to the proposed pier at Lot 142, Edgewater subdivision, Camden Point. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. Wetland fill beyond the 0.1 acre permitted by the Division of Environmental Management earlier under Nationwide Permit 18 on 20 November is Rd allowed. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office W. John Domey Central Files 40m Parker; DCM Frank Jennings; DCM-Elizabeth City 951095.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX q 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper �& YL' , .mac rn Division of Environmental Management Water Quality Section February 8, 1996 To: Jimmy Overton Cc FE�£�F1VEd John Dorney G Through: Jim Mulligan` In 4MANa �Nl Am' Through: Roger Thorpe From: Deborah Sawyer Z046 Subject: CAMA Major Permit Review William T. Reynolds Camden County ;fir IDEHN�i The above subject project has been reviewed by this office. A site investigation was performed on 7 February 1996. The proposed project consists of the following: The lot is approximately 16,500 square feet with 9,900 square feet delineated as Section 404 wetlands. The wetland area is a wooded fringe wetland adjacent to the shoreline. Vegetation consist of small red maple, bays, and Phragmites spp. (cypress stumps in water). All utilities (water and septic system) exist on the upland portion of the site. The upland portion of the site is adequate to construct a single family home residence which will meet all the required set -backs. The applicant relayed to me on the site that the area is sufficient to construct the residence they wish to build. They further relayed to me that they wished to riprap the shoreline 4 feet above MHW and backfill the entire wetland area behind the riprap for the purpose of a grassed lawn. The applicant has already acquired a Nationwide Permit #18 for minor discarge of fill in no more than .1 acre. They have utilized 70% (.07 ac.) of this permit. Adjacent properties have similar topography and vegetation. There is one lot within the development which is bulkheaded and filled to the shoreline. Frank Jennings of the Division of Coastal Management was not aware of the specifics of the filled site; only that it was allowed under a CAMA General Permit (no DEM review). I stated to the applicant that the Washington Regional Office was concerned with the wetland fill and the riprap 4 feet above MHW. Riprap below MHW and the proposed pier would not be a concern. The applicant has 30% (.03 ac.) of the Nationwide Permit #18 to utilize which is sufficient to construct an earthen access area to the shoreline and pier if they wish. I also relayed to them that they may wish to consider a wooden deck and/or walkway to access the shoreline if allowed under the CAMA regulations. Mr. Jennings stated that it would be allowed. The applicant gave to me a list of proposed protective measures for runoff (see attached letter to John Dorney) such as gravel instead of concrete or asphalt driveway,, wooden instead of concrete deck, and downspouts with a rock base if the Division would allow the wetland area to be filled. The Washington Regional Office has consistently recommended denial of .projects which propose to fill signicant wetland fringe areas adjacent to streams merely for the purpose of constructing .an upland grassed lawn (or that portion of the proposed permit). In speaking with the Wilmington Regional Office, they responded that they have consistently recommended denial of this type of fill proposal as well. The protective measures proposed by the applicant are, in the opinion of the Washington Regional Office, inadequate to address the impacts of filling the wetland buffer area adjacent to the shoreline. If .the Division should decide to allow this proposed activity, it could set a precedent that would encourage applicants all along the coastline to propose the same activity. If we were to testify in an Administrative Court Contested Case hearing, it could be determined that we were being "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" by not allowing anyone with a similar proposal to fill wetland fringe buffers along our shorelines. We have already established precedence of not allowing this type of fill activity. Due to the CAMA Major Permit application for this project being determined by this office to potentially violate State Water Quality Standards, this office recommends denial of the issuance of the Section Water Quality Certification. The recommendation of denial is for the fill of the Section 404 wetlands for the purpose of an upland grassed lawn and the placement of riprap 4 feet above MHW. The pier is acceptable but does not require a Section 401 Certification. Because all proposals on the application for fill are unacceptable, the Washington Regional Office recommends that the Section 401 Certification be denied or that the DEM request that Division of Coastal Management request a Major Modification eliminating the wetland fill and proposing to riprap the shoreline below MHW with no fill.- New drawings of the proposed shoreline stabilization below MHW should be submitted on the Major Modification for review by this office to ensure that there is no potential to adversely impact the adjacent wetlands. If you have any question of comments, please call. Thank you. January 29, 1996 ` Mr. John R. Dorney Water Quality Certification Program P. A. Box.29535 Raleigh, N. C. 27626-0535 Dear Mr. Dorney: After discussing your conversation with me to my husband, we have decided on the following: 1. The wetland fill of 0.1 acres is insufficient to accommodate beneficial and reasonable use of our property. - --2 This -property was plated prior to all of -these environmental regulations acts going into affect. 3. Why do we feel 0.1 is insufficient? The number one reason is flood control for our home. The area we want to fill is the minimal amount to give reasonable use of the property. 4. We propose the following to give you the equivalency of the land we want to fill. A: We want to use asphalt for a driveway but will concede to use crush & run to filter out rain water. B: We will use downspouts on our home that will run into a rock base to allow water off our home to go into ground water. C: We will use a wooden deck instead of concrete so water can run through. D: Maybe something of a feature like mounding in our landscaping to prohibit run off. We feel the above will give you the equivalency of the land we want to fill and give us reasonable use of our property and our legal right to get to the water. If necessary, we will also agree to a preservation area and agree not to construct anything on that area and not cut down trees there or build on that area. We think the above will answer the needs of the Department of Environment, Health and Natural Resources and is something that we can live with.: The additional cost would be worth it. Very truly yours, A6�4x'0�1 Charlene G. Reynolds State of North Carolina Department of Environment, Health and Natural Resources / • • Division of Environmental Management _ James B. Hunt, Jr., Governorp Jonathan B. Howes, Secretary Fi A. Preston Howard, Jr., P.E., Director RECEIEO � January 11, 1996 r t0 JAN 19 1996 MASK Mr. William and Ms. Charlene Reynolds MANAGEMENT 1617 Curry Sark Road Virginia Beach, NC 23454 �i E Project # 951095 Dear Mr. and Ms. Reynolds: The Division of Environmental Management, Water Quality Section has reviewed your plans for the discharge of fill material into 0.23 acres of waters and/or wetlands located at lot 142, Edgewater Subdivision, Camden Point in Camden County for lot fill and shoreline riprap. Based on this review, we have identified significant uses which would be removed by this project. These uses are water storage, wildlife habitat and aquatic life habitat. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands. Therefore, we are uncertain whether we can approve your 401 Certification. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting your position that your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you construct your home with the wetland fill (0.1 acres) that we approved on 20 November 1995? The reason for the additional fill is unclear. Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter by sending a copy of this information to me and one copy to Ms. Deborah Sawyer at the Washington Regional Office at 1424 Carolina Avenue, Washington, NC 27889. I can be reached at 919-733-1786 if you have any questions. cerely, Jo R.koey te01-1 r Qertifica onProgram cc: Washington DEM Regional Office Wilmington Office Corps of Engineers Central Files John Parker; DCM 951095.nty P.O. Box 29535, Rcielgh, North Carorina 276264WS Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources 1 t6oDivision of Coastal management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary C) E H N F1 Roger N, Schecter, Director �L December 12, 1995 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker ; Major Permits Processing Coordinator �CEIEO rw i. I)fC 20 1995 SUBJECT: CAMA/Dredge and Fill Permit Application ReviewaFERT APPLICANT: William . Reyn ds 9 IV PROJECT LOCATION: Lot 14 ,Edgewater S/D, Camden Point, Camden Co. PROPOSED PROJECT: To construct riprap, pier and platform and fill wetlands. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately w_days additional review time is needed. j'/fas p/!� Gow.v7YnTr ,,7W /J,V /X oh'. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. SiDate 112 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 1 a%post-consumer paper DEPARTMENT OF ENVIRONMENT. HEALTH. AND NATURAL RESOURCES MEMORANDUM TO: JOHN R. PARKER, JR. FROM: SARA WINSLOW DATE: DECEMBER 13 1995 Applicant County Attached is the response to the above application. If I can be of further assistance, please let me know. gm /attachment(s) State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 15, 1995 Aj E)EHNFR MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FSI,L Permit Application Review Applicant: William T. Reynolds Project Location: Lot 142,. Edgewater Subdivision, Camden Point, Shiloh Township, Camden, North Carolina Proposed Project: To construct a 5 foot wide rip rap, 6' x 100' pier with a 16' x 16' platform and fill approximately 9,900 square feet of Section "404" wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 7, 1995. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. When appropriate, in-depth comments with supporting data is 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. I C, Signe,44 Date 1367 U.S. 17 South. Ellzabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources / Division of Marine Fisheries .vV•'A L James B. Hunt, Jr., Governor p E H N Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: TO: John R. Parker, Jr., DCM Major Permit Processing Coordinator THROUGH: Maury Wolff, Permit Review Coordinators l) FROM: Sara E. Winslow, Biologist Supervisoo✓.�r/- SUBJECT: William T. Reynolds Application DATE: 22 November 1995 The following comments by the North Carolina Division of Marine Fisheries are provided pursuant to General Statute 113-131. This agency is concerned with the loss of 9,900 square feet of wetlands due to filling. The importance of wetlands has been well documented. Wetlands are of great importance to fisheries resources, serving as sources of basic biological productivity, providing food directly and indirectly, and serving as nursery areas for many species. Finally, wetlands perform important roles in modifying acute impacts of hydrologic events, moderating stormwater flows, trapping sediments, and providing nutrients for incorporation into resident plants. The Division realizes the precedence has been set due to similar projects in the area being issued permits. The existing shoreline along this development had a 20 foot wide area along the water that was community/public access, which was owned by the Property Association. The applicants for previous projects did not own the property within 20 feet of the shoreline when their permits were issued. P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 W6 post -consumer paper State of North Carolina Department of Environment, 'LTTWIWTAWA Health and Natural Resources ` 0 f Division of Marine Fisheries James B. Hunt, Jr., Governor p E H N Jonathan B. Howes, Secretary Bruce L. Freeman, Director 11 December 1995 MEMORANDUM TO: John Parker THROUGH: Maury Wolff FROM: P.A. Wojciechowski SUBJECT: CAMA/DREDGE & Fill Permit Application William T. Reynolds The deed attached to these documents affirmed ownership of the 20 ft. strip of land between lot 142 and the Albemarle Sound, therefore that particular issue has been resolved. k However, I concur with the comments that the loss of wetlands is unacceptable. If this permit is °granted I recommend that the rip rap not be placed in public trust waters but be placed on the high ground of lot 142. Public trust lands should not be used to increase the size of a lot for building purposes. PAW/brc P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper