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HomeMy WebLinkAbout98-13EMERGENCY Herring, SherwinPermit Class EMERGENCY STATE OF NORTH CARO]LINA Department of Environment and Natural Resources and Coastal Resources Commission r for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Permit Number 98-13 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Sherwin Herring, 2201 South John Street, Goldsboro, NC 27530-7163 :'Authorizing development in Carteret County at Bogue Sound, 127 Kiawa Way, Indian Beach, Kiawa Subdivision as requested in the permittee's application dated 7/29113, including This permit, issued on August 20, 2013 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. Upland DDevelopment .1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the construction of the retaining wall, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 808-2808 for this determination. (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.: An appeal requires resolution prior to work initiation or +:ooiitinuance as the case may be. Zhis, permit must be accessible on -site to Department ;personnel when the project is inspected for compliance. Any maintenance work or project modification not covered ha;eundcr requires further Division approval. I, work must cease when the permit expires on December 31, 2016 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 DENR and the Chairman of the Coastal Resources Commission. Braxton C. D s, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee 1 Sherwin Herring Permit #98-13 Page 2 of 3 ADDITIONAL. CONDITIONS Bulkhead 2) The authorized bulkhead shall adhere to the alignment as depicted on the attached workplan drawings. f. 3) The bulkhead shall be constructed prior to any backfilling activities. ?4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not ¢ authorized. i ' S) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. i 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, i or other suitable materials approved by Division personnel. 7) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 8),. In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 9)` A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion 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. General 10) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. No wetlands shall be excavated or filled, even temporarily, outside of the areas as indicated on the attached workplan drawings. 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. Sherwin herring NOTE: NOTE: NOTE: NOTE: Permit #98-13 Page 3 of 3 ADDITIONAL. CONDITIONS This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 13-0814. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2013-01157, which was issued on 8/6/13. Major CAMA Permit Application Retaining Wall Rehabilitation 127 Kiawa Way Indian Beach, North Carolina July 30, 2013 Applicant: Sherwin Herring 2201 South John Street Goldsboro, North Carolina 27530 Prepared For: North Carolina Department of Environment & Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 Prepared By: RECENED BEARING POINT CONSULTING, INC. JUL 31 2013 910 Arendell Street Morehead City, North Carolina 28557 DCM-MHDMY (252)247-4200 TABLE OF CONTENTS DCM MP — 1 APPLICATION FOR MAJOR DEVELOPMENT PERMIT DCM MP-2 EXCAVATION AND FILL PROJECT NARRATIVE INTRODUCTION EXISTING CONDITIONS PROJECT DESCRIPTION Demolition and Removal Excavation and Fill Upland Development Stormwater Management METHODS OF CONSTRUCTION Bulkhead Construction Bulkhead Design PROJECT SCHEDULE COMPLIANCE WITH N. C. ENVIRONMENTAL POLICY ACT ADJACENT RIPARIAN PROPERTY OWNERS APPLICATION DRAWINGS Sheet 1 —Vicinity Map Sheet 2 — Existing Conditions Sheet 3 — Proposed Plan Sheet 4 — Wall Sections ATTACHMENTS Deed of Trust Adjacent Property Owner Notification Letters John Powell Telena Willis Authorized Agent Letter Carteret County Building Inspector's Letter of Condemnation RECEIVED JUL 3 1 Z013 05]k Retaining Wall Rehabilitation, 127 Kiawa Way July 30, 2013 Indian Beach, North Carolina i BCM MP4 APPLICATION for Maior Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Retaining Wall Rehab, 127 Kiawa Way, Indian Beach, NC Applicant 1: First Name Sherwin MI Last Name Herring Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 2201 South Jahn St. PO Box city Goldsboro State NC ZIP 27530 7163 Country USA Phone No. 919 - 735 - 8012 ext. 302 FAX No. Street Address (if different from above) City State ZIP Email sherwin@southoodistributing.com 2. Agent/Contractor Information Business Name Bearing Point Consulting, Inc. Agent/ Contractor 1: First Name MI Last Name James (Bill) W. Forman, Jr., P.E. Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 910 Arendell St Morehead City NC ZIP Phone No. 1 Phone No. 2 28557 4142 252 - 247 - 4200 ext. 252 - 259 - 7224 ext. FAX No. Contractor # 252 247 7300 Street Address (if different from above) CRY State ZIP Email bill.forman@bearingpt.com RECEMD <Form continues on back> JUL 31 2013 Form DCM M,P-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 127 Kiawa Way Private Rd. Subdivision Name City State Zip Kiawa SD Indian Beach NC 28512 - 5930 Phone No. Lot No. (a) (d many, attach additional page with list) 919 — 735 - 8012 ext. 312 12, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound 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 Bogue 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. Town of Indian Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.tt.) 85' +/- 10,846 s.f. (0.249 ac) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 16-17' ❑NHW or ®NWL e. Vegetation on trail Lawn and shrubs f. Man-made features and uses now on tract Single family residence, driveways and sidewalks g. Identify and describe the existing land uses adlacent to the proposed project site. Properties east and west of the site are undeveloped but both have bulkheads along the respective shorelines of Bogue Sound. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? R-25 (Attach zoning compliance certificate, If applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? 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? RECENM <Form continues on next page> JUL 3 12013 Form. DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (it) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. On -site o. Describe existing drinking water supply source. Public water supply, wells p. Describe existing storm water management or treatment systems. Surface runoff, low density development 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Site currently has approx 170 I.f. of failed bulkhead (2 parallel bulkheads each —85 I.f.) along the Bogue Sound shoreline. Project will replace the existing bulkheads with new engineered structures constructed waterward of the existing walls. There are two parallel walls, the high wall (-100 I.f.)with a top elev. of +17 and the low wall (-95 I.f.) 12' in front of the high wall with a top elevation of +7. 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. Construction will be by conventional barge land based equipment. Timber work will be done by hand. Sheet piles will be jetted in place to the depths indicated on the plans. Equipment will be stored on -site when not in use. d. List all development activities you propose. Construction of approx. 100 l.f. of vinyl sheet pile bulkhead with a toe elevation of 0.0 to -1.0 NAVD and a top elevation of +7.0. Wall will be braced with heavy timbers and anchored by timber deadman with galvanized steel anchor rods. Construction of approximately 95 feet of fiber reinforced plastic composite sheet piles braced with heavy timbers and anchored using ground anchors. Top of wall elevation will be +17, the toe elevation of +7.0. e. Are the proposed activities maintenance of an existing project, new work, of both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 2600+/- ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Small surface drain sytem to drain water from top of bulkhead to reduce hydrostatic forces in the wall. Drain will serve surrounding grass lawn areas between building and top of bulkhead. The outlet of the rain will be to the top of riprap between the bulkhead and the concrete seawall on the adjoining propoeny west of the site. I. Will wastewater or stonnwater 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 ®NA j. Is there any mitigation proposed? []Yes []No ®NA If yes, attach a mitigation proposal. RFFPMvn <Form continues on back> JUL 31 2013 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. Additionallnformadon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (t) are always applicable to any major development application. Please consuit the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. 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 John A. Powell (125 Kiawa Way) Phone No. Address 180 Ash. St., Cedar Point, NC 28584-9328 Name Telena Willis (129 Kiawa Way) Phone No. Address T. Willis Construction Co. - P. O. Box 222 - Salter Path, NC 28575-0222 Name Phone No. - Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization forth, I applicable. i. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property 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. to Enter on Land I understand that any permit issued in response to this application will allow only the development 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 thful to the be of my knowledge. 1-7-9-0 Date / — 2-I - 0 Print Nar") h P✓rji n 5 i Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ❑DCM MP-4 Structures Information JUL 31 2013 Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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 and/or 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 100, Width 15' Avg. Existing NA NA Depth Final Project NA NA Depth 11. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NAIL 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 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 disposal in these areas: b. d. High -ground excavation in cubic yards. b. area. ®This section not applicable d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECENED JUL 3 12013 _S'.. :: "4L'$'�AS„+..:%.�:r, dvt �vv�.=crcoastra9ns.naz ar-^r:s3.reeS •.v. ��C 'r ,".l rt;a.M 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: -100 L.F. 2 Parallel bulkheads each —100 I.f. long ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: C. Average distance waterward of NHW or NWL: 15' e. Type of stabilization material: N/A Width: 15 d. Maximum distance waterward of NHW or NWL: 15' maximum f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ONO ❑NA (il) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill 1500 s.f. Riprap _ Medium sand or #57 coarse aggregate gravel Breakwater/Sill Other i. Source of fill material. Unknown, at contractor's descretion 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes []No []NA b. (i) Will fill material be placed in coastal wetlandstmarsh (CW), If yes, (ii) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Fill will be placed behind new bulkheads. Due to severe space limitations, stock piled material will be moved to its final location soon after it is delivered to the site. c. (1) Will navigational aids be required as a result of the project? []Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. submerged aquatic vegetation (SAV), shell bottom (55), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Backhoe d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ONO ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEMM 7-a5-/3 Date Sherwin Herring Retaining Wall Rehabilitation, M Kiawa Way, Indian Beach, NC Project Name Applicant Name I/vLt/Lr� Applicant Signature RETAINING WALL REHABILITATION 127 KIAWA WAY INDIAN BEACH, CARTERET COUNTY, NORTH CAROLINA PROJECT NARRATIVE July 30, 2013 INTRODUCTION The project site is a 0.25 acre tract located in the Kiawa subdivision in Indian Beach, NC. The site has approximately 85 linear feet of estuarine shoreline on the southern shoreline of Bogue Banks. Before the residence was constructed, vinyl sheet pile retaining walls were constructed along the shoreline and eastern boundary of the site. The walls on Bogue Sound are failing with timber bracing members failed and the vinyl sheets deflected to the point where the Carteret County Building Inspector condemned the property January 19, 2012. EXISTING CONDITIONS The existing retaining wall consists of two parallel walls, hereafter referred to as the lower wall and the upper wall, with a total height of over 17 feet measured from the mudline to the top. The upper wall consists of vinyl sheet piles and timber bracing with an unidentified anchoring system. The top of the upper wall elevation is +17 feet (NAVD). The toe elevation is +7 feet which is also the top elevation of the lower wall. The lower wall is some 6 feet seaward of the upper wall with toe elevations that ranges from -1.0 to +1.0 along the face. The two levels are connected by timber stairs with a shower beneath the stairs. A vinyl railing extends along the top of the upper wall. A fixed timber pier 6 feet wide extends some 205 feet into Bogue Sound and includes a tee head and boat lift at the end. The photos below show the existing wall elevations. JUL 3 1 2013 DCWf-MHD CITY Retaining wall Rehabilitation, 127 Kiawa Way July 30, 2013 Indian Beach, NC Page 1 of 5 Major CAMA Permit Application — Narrative � Whit: .■fir Photo — Face of wall from pier Photo — Eastern end of wall Photo — Western end of wall Both the upper and lower walls show signs of severe failures. The timber bracing on the upper wall has failed and is broken in several locations. There is excessive deflection and serious deformation of the vinyl sheets because of the failure of the bracing and use of vinyl sheets with inadequate strength. The photo below shows the condition of the upper wall. The lower wall shows rotational failure about the toe typical of walls that are inadequately anchored or exposed to loads in excess of what the structure can withstand. As shown in the photo below, deflection of the lower wall has caused the top of the pier structure connected to the wall to be displaced seaward. The excessive deflection of the upper wall occurring at the top level of the lower wall are probably partially responsible for the rotation of the lower wall. RECWW JUL 3 12013 Retaining wall Rehabilitation, 127 Kiawa Way July 30, 2013 Indian Beach, NC Page 2 of 5 Major CAMA Permit Application — Narrative ■A Photo - Upper wall bracing failure and vinyl deflection PROJECT DESCRIPTION Photo — Lower wall rotational failure Demolition and Removal — Demolition and removal proposed includes removal of the timber stairs and approximately 20 feet of the existing pier including cutting off or removal of piles. The top 4 feet of the upper wall sheet piles and timber bracing will be cut off and removed to provide space for the anchoring system for the new wall. The lower wall decking will be completely removed and the sheet piles and timber bracing cut off 3 feet below the top. The remainder of the existing wall structures will remain in place and intact. Demolition and removal will be done by hand with a small backhoe used to lift materials up to the top of the wall for loading and hauling. The contractor will dispose of waste materials at an offsite location. Excavation and Fill —There is no excavation required at the site for this project. No fill in the water is proposed. Fill will be placed behind both the upper and lower walls to the finished elevations shown in the sections on Sheet 4. The fill material specified will be RECEIVED Retaining wall Rehabilitation, 127 Kiawa Way JUL 3 1 2013 July 30, 2013 Indian Beach, NC Page 3 of 5 Major CAMA Permit Application — Narrative DC:1f•MAD CITY clean medium sand or a gravel aggregate similar to NCDOT #57 stone. The source and type of fill is left to the contractor. All fill material will be placed behind the bulkhead. Upland Development -There is no upland development proposed as part of this project. Stormwater Management - No upland improvements, pavements, walkways or other impervious surfaces will be constructed as part of the project. A wall drainage system consisting of weep holes in the upper wall and yard drains approximately 5 feet behind the wall will reduce the surface runoff getting to the wall. The discharge for the yard drains is onto the rip -rap between the vinyl wall and the concrete block wall at the west end of the site. An area of approximately 2,400 s.f. of lawn is drained by the inlets. Peak discharge for the 25 year rainfall event will be less than 0.5 cfs. No other stormwater management measures are proposed. METHODS OF CONSTRUCTION Bulkhead Construction - Barge and crane access to the site is limited by the shallow water shoreline and extensive bulkhead structures on the private properties east and west of the site. Sheet pile installation will be done from the top by jetting the sheets into the sandy bottom. Timber bracing will be done by hand with a small backhoe used as a crane to lift the handle the large timbers from the top. Ground anchors will be driven and proof tested by specialized equipment from the top of the wall. Bulkhead Design - The original objective of the design was to either shore up or replace the bracing on both walls. A design for replacement bracing was completed. The contractor and the owner were not willing to take the chance of wall failure associated with removing the existing bracing while installing new bracing. The bracing scheme was ruled out due to safety concerns. Due to the height of the upper wall (17 feet +/-) and the failed condition of the low wall, wall replacement alternatives were evaluated using stronger sheet pile materials and an anchoring system that allows load testing of each anchor after installation. Analysis showed that the lower wall must be a minimum of a 12 feet from the face of the upper RECErMD Retaining wall Rehabilitation, 127 Kiawa Way July 30, 2013 Indian Beach, NC JUL 3 1 2013 Page 4 of 5 Major CAMA Permit Application - Narrative DCM--MM OTY wall in order to provide adequate resistance against deflection of the upper wall. Other shelf dimensions were evaluated including distances of 10, 18, and 25 feet. The 12 foot width is the minimum width that will provide the required passive resistance to the upper wall. The shelf also reduces the depth that the upper wall sheets must be driven compared to a stand-alone wall. PROJECT SCHEDULE Construction of the new retaining wall will begin after the required CAMA Major permit is issued. COMPLIANCE WITH THE N. C. ENVIRONMENTAL POLICY ACT The work proposed as part of this application is private development and does not involve expenditure of public funds. The project includes no development that meets the criteria requiring coordination and review under N.C. Environmental Policy Act. ADJACENT RIPARIAN PROPERTY OWNERS Property West of Site John Powell 180 Ash Street Cedar Point, NC 28584 Retaining wall Rehabilitation, 127 Kiawa Way Indian Beach, NC Major CAMA Permit Application — Narrative Property East of Site Telena Willis T. Willis Construction Company P. O. Box 222 Salter Path, NC 28575 RECEIVED JUL 3 1 Z013 July 30, 2013 Page 5 of 5 DCM-MHD C[TY LENOIR CRAVEN JONES DUPLIN ONSLOW PENDER BOGUE SOUND PROJECT LOCATION 45 INDIAN BEACH + �a ti:� r� 1 TO EMERALD ISLE .11 PAMLICO CARTERET COUNTY ATLANTIC OCEAN RECEIVED JUL 3 1 2013 DCN1-- N.HD CITY 751 OT71( A_ i PREPARED BY PROJECT TITLE: CLIENT- DRAWING TITLE Not to Scale erne Retaining Wall Rehabilitation Sherwin Herring Julv 30, 2013 127 Kiawa Way 2201 South John St. VICINITY MAP wawa. Jwi �1 Indian Beach, NC Goldsboro, NC 27530 wo.ccre 13W3 �ICYDVIR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director MEMORANDUM DATE: August 1, 2013 TO: Doug Huggett THRU: Roy Brownlow FROM: Brad Connell BC Natural Resources John E. Skvaria, III Secretary SUBJECT: Comments and Recommendations - CAMA Major Emerpencv Permit —Sherwin Herring, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal impacts 628 square feet of Public Trust Waters and 72 square feet of Spartina alterniflora. This series of proposed bulkheads replace the existing failing bulkheads, which have resulted in the condemnation of the residence located at 127 Kiawa Way, Indian Beach. The two failing existing bulkheads have lead to this private residential structure being imminently threatened and possibly lost to the elements. These waters of the Bogue Sound are open to shellfish harvest. This waterbody is not a Primary Nursery Area. According to the engineer, this proposal will stabilize the threatened residential structure and prevent it from falling into the Bogue Sound. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed. CC: Roy Brownlow, DCM Ted Tyndall, DCM Howell, Jonathan From: Timpy, David L SAW [David.L.Timpy@usace.army.mil] Sent: Tuesday, August 06, 2013 1:13 PM To: Coburn, Chad; Huggett, Doug; Govoni, Daniel; Steenhuis, Joanne; Howell, Jonathan; Spencer, Thekla M SAW Cc: Hughes, Emily B SAW Subject: Sherwin Herring, Emergency Permit, SAW-2013-01157, CAMA App, NWP13 (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Reference the DCM memo dated 8-1-2013 from Brad Connell, NCDCM regarding the emergency permit application submitted by Sherwin Herring to replace a series of existing and failing bulkheads at 127 Kiawa Way in Indian Beach, Carteret County, North Carolina. The proposed replacement bulkhead will be approximately 7.5 ft seaward of the existing structure and would fill about 628 sf of open waters. Based on the referenced application, this proposal meets the terms and conditions of NWP13 (Bank Stabilization) provided the applicant obtains the required CAMA permit and complies with the terms and conditions of the CWA Section 401 Water Quality Certification for this general permit and obtains a CAMA permit for this activity. Thus, we have no objections to the project as proposed. The assigned Action ID for this project is SAW-2013- 01157. Dave Timpy Project Manager Regulatory Division US Army Corps of Engineers, Wilmington District 69 Darlington, Avenue Wilmington, North Carolina 28402-1890 Office: 910-251-4634 Cell: 910-617-3254 Fax: 910-251-4025 Email:david.L.Timpy@usace.army.mil Website: http://www.saw.usace.army.mil 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 http://pert.nwp.usace.army.mil/survey.html to complete the survey online. Classification: UNCLASSIFIED Caveats: NONE 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor Sherwin Herring 2201 South John Street Goldsboro, NC 27530 Water Quality Programs Thomas A. Reeder Director August 7, 2013 John E. Skvada, III Secretary DWQit 13 0814 Carteret County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 127 Kiawa Way, Indian Beach, NC Dear Mr. Herring: You have our approval for the impacts listed below for the purpose described in your Division of Coastal Management (DCM) application dated July 29, 2013, received by the Division of Water Resources (Division) August 5, 2013 and subsequent information received on August 7, 2013. These impacts are covered by the enclosed Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: NaHr*VW R"brd Owe 12r Ce Dr"s+m, vrbvVw, NoM C=bM 2M nwm9lO�79972151PAX:9*3su-MiDENRAssisWw, 18M623£718 ntemet � 6c*W0gWXy0g 1a Eguel OWAmq 1 Anunvh*ry wEffooWw Sherwin Herring August 7, 2013 Page 2 of 4 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the General Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Approved (units) Permanent Approved (units) Temporary Plan location/ Reference (attached) Stream 404/401 Wetlands Coastal Wetlands Site 1 72 sqft (0.002 acres) Sheets 2, 3 & 4 of 4 Open Waters Site 1 628 sqft (0.014 acres) Sheets 2, 3 & 4 of 4 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 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(s)/Permit/Authorization and is responsible for complying with all conditions. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213.0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This approval and its conditions are final and binding unless contested. This Certification 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 Sherwin Herring August7, 2013 Page 3 of 4 (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-30,00 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 feeds received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: if sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC`27699-6714, If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described'in 15A NCAC 2H.0500. please contact Joanne Steenhuis at 910.796.7306 or Joinne.Steenhuist@ncdenr.xov if you have any questions or concerns. Sincerely, James H. Greg on Regional Supervisor DWR Wilmington Regional Office Enclosures: GC 3885 Certificate of Completion Sherwin Herring August 7, 2013 Page 4 of 4 cc: Bill Foreman — Bearing Point — electronic copy Dave Timpy - USACE Wilmington Regulatory Field Office Jennifer Burdette - DWR Wetlands Unit WQP WiRO 401 files Howell, Jonathan From: Baker, Jessi E Sent: Wednesday, August 07, 2013 2:18 PM To: Howell, Jonathan Subject: RE: Emergency Permit No comment. Jessi Baker From: Howell, Jonathan Sent: Wednesday, August 07, 2013 11:20 AM To: Baker, Jessi E Subject: FW: Emergency Permit Jessi, can you shoot me a comment on this ASAP? This is an emergency permit DCM is trying to issue soon. Some of the information in the attachments are duplicates just FYI. Call me if you have any questions. Thanks. Jonathan From: Howell, Jonathan Sent: Friday, August 02, 2013 3:17 PM To: Timpy, David L SAW; Steenhuis, Joanne Subject: Emergency Permit Dave and Joanne, attached is a CAMA Major emergency permit request. Be aware that one of the attachments is a set or workplan drawings (12MB) and are larger than 11X17. DCM is processing this permit as an emergency permit and the public notice period is being waived. Could you guys respond with comments at your earliest convenience. We hope to issue this next week, barring any unforeseen issues with the resource agencies. Thanks for your help. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. DCM Coordinator: `'�OW eA, Permit #: q S - 13 MAILING DISTREBUTYON SHEET Permitee: ) �e�w; 12\e � r: Agents: ON DCI03 Field Offices ,/ �26 (with revised work plan drawings) Elizabeth City $ re ead Ci Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Cultural Resources: Renee Gledhill -Early or ( vironmen ireview@ncdcr.gov) Public Water Supply: ebra Beno oey to (WARD) Marine Fisheries: Anne Dea nne Har y NC DOT: Shellfish Sanitation: TPaFowler State Property: p ty: 2en Water Quality: i ins -(NC DOT) Washington: Wilmington: Wildlife Resources: LPO: Fax Distribution: Anthony Scarborough teenhuis — 401 Chad o urn - Linda Lewis - Stormwater aria Dunn (WARD) Permitee #: Agent #:_ North Carolina Pat McCrory Governor Sherwin Herring 2201 South John Street Goldsboro, N.C. 27530-71963 Dear Sir or Madam: Aja MOW Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director August 20, 2013 John E. Skvarla, III Secretary 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 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 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. Sincerely, g' s'9 Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity lAffirmallve Action Employer s —This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (11/112012) Applicant: Sherwin Herring Date: 8/1/2013 Project Site County: Carteret Staff: Brad Connell District: Elizabeth City Washington ®Morehead City []Wilmington Project Name: Retaining Wall Rehabilitation Date of initial application submittal (EX: 1/8/2007): 7/31/2013 Date application "received as complete" in the Field office (EX: 1/8/2007): 8/1/2013 Permit Authorization: UCAMA Dredge & Fill SBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes JoNo Photos Taken: Yes ❑ No® Setback Required (riparian): ❑Yes 0 No Critical Habitat: Yes SNo Not Sure 15 foot waiver obtained: Yes ZNo Hazard Notification Returned: ❑Yes ®No SAV: Yes ®No ❑Not Sure Shell Bottom: 0Yes El No Z Not Sure Temporary Impacts: OYes ONo Sandbags: Yes NNo Not Sure Did the land use classification come from county LUP: ®Yes []No Mitigation Required (optional): []Yes ®No Moratorium Conditions: Yes SNo ❑NA Environmental Assessment Done: ❑Yes []No ® NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) El Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ® (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina alterniflora) cynosuroides) (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 0 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Pdv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't 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 C3 III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Herring Date: 8/1113 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. j -- TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One 2 New Work ® Replace Bulkheads (vinyl) Maint ❑ ❑ Y ® N 100', 100' 1', 1' 7', 17' New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Ej Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Ij Replace Maint ❑ ❑ Y ❑ N revised 02M5/10 T1C Division of Coastal Mgt. Application Computer Sheet, rage 3 of 3) Applicant: Herring Date: 8/1 /13 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount SIB 628 f 628 fe Dredge ❑ Fill ® Both ❑ Other ❑ LM 72 ftt 72 ft 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 ❑ 252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmanaaement.not revised: 02/15/10 DUPLIN PENDER BOGUESOUND LENOIR r-.% CRAVEN JONES ONSLOW LOCATION CARTERET COUNTY IIBCmvm JUL 31 2013 baf-MAO CITY A TLANTIC OCEAN PFEPAREDFV PFWECTTlRE• CIIEM.•. 'DRAWIFO TFLf: - Wit oSub. auu" Retaining Wall RehaWlihaflon Sherwin Herring mh Jugsa�l7 127 Kiawa Way 2201 South John St VICINITY MAP Indian Beach, NC Goldsboro, NC 275M rwE 3•X 8•TRIO . TIMBERNA&EN TX6'TRTD. -TIMBER DECKING 2-E•X 1U'TRTO. TIMBER WAILERS TX 12' TRID. BACK WALER 'FRONT&BACKANCHORED ANHOREDWI'S'0 W/'L'OBOLTSAT24'0.C. BOLTS®24'O.C. E VINYL RAILING YARD INLET& PIPE TIMBER 12'x12'_TRTD.nMBERWALTIi REMOVE TOP WALER &HARDWARE IX GRADE CONT. WIANCHORS ® S O.C. 25 MIN. EL 17.53 3 VO GALV. STEEL 1'O NUTW7 ANHORRODSW/ CUT OFF IX BULKHEAD AND PILE IX ANCHOR RODS, TYP—:.;.:"...'—THREADEDENDS .OGEEWASHER B¢.tr� REPLACEMENT ALTERNATIVE ONLY LOCATION AND ANCHOR TANDSOR&CENHPED SODTYPE fDVE UNKNOWN CLEAN SANDFTS Tff 90 COMPACT018'LIFfS T090Y. DENSITY.WNYLCAPTO MATCH SHEET PILE 72,EL7C2 EDnMS ANHOREDWI�'GAW BOLTS@24.O.C. 2'IONOTo BE ` CUT OFF EK BULKHEAD 3 OVED �r.��::....^ rMANTARAYANHOR WEEP HOLES@VD.C. }!'OGAIN.SiEELANCHOR -A1HYV1.17NAVD tTTpT .-.� n RODS W/THREADED ENDS. MODEL MR-1 MINIMUM PENETRATION 25, PROOF t w v ".:''`^'I'a.'c-:-;" NO SPLICES PERMITTED TESTTO15,000LBS. ANGLE4'3TOHORIL IX TIMBER 'TO 3/4'ONLIT OGEEWASFffA II FACE O SHEETS REMAIN &XBTRTD.TIMBERWAIER HORIXVRM ALIGNMENT VARIES RIES W/ANCHORSATCO.C: OONT, TIMBER DFADMAN 3-4• X 12'TRTO. ' TXI0-TRTD.B,4CKWALER III TPABERW/3'Xi/4'7HKGALV.STEELBRACKET ANCHOREDW/a'0 4+ � ATEAHANHOR PROVIDE TIGHTENING NUT& ' BOLTSr@24.O.C. I WASHER ON FRONT FACE OFDEADMANAT VINYLSHEETPILE JAL EACH ROD ATTACHMENT SHOREGUARDSG650 DL VINYL FPR COMPOSITE- SHEET PILES ESP 8.5& TDEWATERTW-8U BULKHEAD CMI UCSO ORAPPROVED EQUAL ARE ACCEPTABLE SUBSTITUTES ` EXISTING WALL DEMOLITION SECTION A -A NEW UPPER & LOWER WALL WITH 12' SHELF SECTION B-B=•'����5'I°"+"9+ 3�11V=l' SCALE 118'=1' REOIIVED sZ i Shy' �� ',. o®wivr er art cum ma¢sr. onamnc rme 91a areMe11WSHERWINHERRINGKIurs,ni� Mmencea Cruy, NCse_SSi RETAINING WALL REHABMAnONII Faz M247.7300 GOLDG ORO, NC 27530 INDIANBEA HANS WA -SCIONS — . 04 X-1,56 X-1.43 X-1.43 X-1.46 -0.0793 -1.13 X-1.59 W � [o¢amess .10 W .78 W . X-1.56 X-1.11 J X-1.24 -0.93 -0.98 '4' N!' 14' -0.8? W mwamws -1.12 X -O•&P 'p W-1.30 -1.14 ' -.21 _ -0.12W W X-1.30 -1.22 0.99 M -0.35 •22 W - -1.01 5 .06 mswwwn -1.10 - W W -0.41 .40 - 0.74 -0.98 6.64 -0.05 -0.50 .54 -0. A -1.08 wwxwarunaw . .02 fi�mrcwmwxa w,anu�artrm .68 ausua tarcmcnui 7. ernu®cnw nv�.ev�mwr JO OFEB$, 0 .03 iuwrEae.rm ewo - d2 QP'$� O Z d i� • x�7� 12.81 , NL > 3.28 y wamnoiwuux E S a a g nd '+. wAAI P ?• eaomHavwm wimwuamrn�wao "bx waarmc�swuuwr A �/sue/s 18.04 oa 17.96 RECEWED _..04 12 0 JUL 81 2013 pCIMmm ELEVATIONS SHOWN ARE RELATIVE TO THE NAVD 7984 VERTICAL DATUM v. usxriw+ ev arz twrr nvecc auxxt rmc. •• 9IDAWGKY�NC SHERWIN HERRING RETAINING WALL RDMILYTATION aaa'xu n (M�arahaNC28557 229150UTH JOHN ST. 127KIAWAWAV CONDITIONS R OL F.(M)247d3J0 GOLDSBOR0, NC 27530 INOIAN BEACH, NS t. t � ��. ..tyom� '•�. *�'�r• .hF '. a r }�•_ ,�� 7Cr� v°lj� f,)p2l�M% IM b1yl101'�j Tva4 V� <'n/£ O�z Connell, Brad From: Bill Forman [bill.forman@bearingpt.com] Sent: Wednesday, July 31, 2013 5:21 PM To: Connell, Brad Subject: RE: 127 Kiawa Way application Brad, Letters were mailed today certified mail. I assume you will let me know in the next few days if there is additional information required to make the submittal complete. No V in Forman. Bill Forman J. W. (Bill) Forman, Jr., P.E. Senior Engineer Bearing Point Consulting, Inc. 910 Arendell Street Morehead City, NC 28557 Phone (252) 247-4200 Fax (252) 247-7300 Cell (252) 259-7224 Email: bill.forman(r@bearingpt.com Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and deleting it from your computer. Thank you. From: Connell, Brad [mailto:brad.connelico ncdenr.aov] Sent: Wednesday, July 31, 2013 4:57 PM To: bill.formanCalbearingpt.com Subject: 127 Kiawa Way application Mr. Foreman, The DCM is in receipt of your CAMA Major Permit application. Did you notify the waterfront neighbors via certified mail —return receipt requested? Thank you, Brad Connell Field Representative NC Division of Coastal Management Peace be with you. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Jim Jennings, AICP Director January 19, 2012 Carteret County Department of Planning and Development Main Office: 302 Courthouse Square Beaufort, NC 28516-6709 Tel: (252) 728-8497or 728-8546 Fax: (252)728-6643 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Sherwin Herring Mrs. Rebecca Herring 614 Walnut Creek Drive Goldsboro, North Carolina 27534 Dear Mr. and Mrs. Herring: Western Office: 701 Cedar Point Blvd. Cedar Point, NC 28584-8013 Tel: (252)393-3204 Fax: (262)393-3205 During an inspection of the building located at 127 Kiawa Way Indian Beach, Notch Carolina, it was determined that the building is unsafe. Per General Statutes 160A-426, 160A-428 and 160A-429 a notice of condemnation has been affixed on the building. Tliis letter is to inform you of the unsafe condition of the building and that a hearing will be held on January 30, 2012, at 4:00 P.M., in the Carteret County Western Office in Cedar Point, North Carolina. At this time you may be heard in person or by counsel and may present arguments and evidence pertaining to the matter. Your cooperation in this matter will be appreciated. If you have questions, please call me at (252) 393-3204. Sincerely, Jan Stipe Code Enforcement Official cc: Jim Jennings, Director of Planning & Development Larry Smith, Building Codes Administrator Russell Overman, County Manager Rhonda Lambert, Indian Beach Town Clerk RECEIVED JUL 3 1 2013 DC,%f-'.VHD CITY CARTERET COUNTY BUILDING INSPECTIONS DEPARTMENT 2521393-3204 UNSAFE BUILDING CONDEMNED N.C. General Statute §160A-426 1141"1 W10, Address Removal of this notice is a Class 1 misdemeanor per N.C. General Statute § 160A-427 RECEIVED JUL 3 12013 DC:vI-MIM CITY TA9O0I 10 T16 ACS Tax System Parcel Inquiry Parcel Number R 6334.08.89.1266000 2012 Tax Codes District Code 2354 Taxpayer 32828 Twn / Sch 1354 SHERWIN ETUX REBECCA HERRING Spec Dist 99 614 WALNUT CREEK DR User Codes Deed Book/Page 975 246 0831 00095 Plat Book/Page 29 203 GOLDSBORO NC 27634 Property Addr: House# 127 Street Name KIAWA WAY Alternate More? X Street Type Dir Unit CiStZp INDIAN BEACH NC 28512 Escrow More? N Legal Description Plat Other More? N. Lot/Block Deeded Acres .25 Previous 32828 More? N L12 KIAWA SD SHERWIN ETUX REBECCA HERRING Deed? Va 1 ues? ,Y, Delete ? Action ? „ REaum JUL 3 1 2013 DCM-MHD CrrY '4;52PM '0 O,Dec. 15. 2011 CARTERET CO PLANNING DEPT 9103257183 No.8075 P; 1 µKS • :,, December 2, 2011 Downeast Engineering Services, Inc. P.O. Box 100, Newport, NC 28570 122A Industrial Drive, MIAC, NC 28557 cell: 252-342-287 phone: 910-32t3-2870 fax: 910-326-1435 Carteret County Building Inspections 402 Broad Street Beaufort, NC 28516 Re: herring Residence Defective Bulkhead Wall 127 ICiawa Way Indian Beach, NC 28575 Gentlemen; ,rob # 11-138 We have visited the subject site with L. B. Page Landscaping of Cape Carteret, North Carolina to investigate the problems of the subject bulkhead wall and to provide a structural design to stabilize the bulkhead retaining wall. However after observing the obvious structural issues as well as the shifting that has occurred in the bulkhead wall, the entire bulkhead wall and three (3) story residence could collapse into Bogue Sound as the bulkhead wall is not structurally stable; thus creating eminent danger to anyone in or around the specific residence and yard area, We recommend that the residence and accompanying real estate be condemned until necessary structural repairs, demolition or other alterations are employed to stabilize this property for habitable use. If you have any questions or need additional information please do not hesitate to contact us. Sincerely: Downcast Engineering Services Inc. Paul V, Wysocki, PE Cc; Mr. Sherwin herring, owner Cc: NCDBNR/CAMAMorehead City, NC i� � email: desipaul rr earthlink.not E JUL 3 12013 DC,Nf-MHD CITY heereelvead limeeDDcc• V' 2AII'IL:J V1MIo °i 0694 11 1302 66-112/531 SHERWIN HERRING BECKY HERRING CAP ACCOUNT PO BOX 1897 GOLDSBORO, NG 27533 PAYTOTHE I•1. �T n1 ORDER OF C V %- 29- /3 DATE ✓J DOLLARS ® BRANCH WSANBBT.0 H BANKING NK PT AND TRUST COMPANY m 19,7 �1 FOR 1 rh 7 1:0531011211:00054057280871,20 L 302 RECEIVED JUL 3 12013 DCM-MHD CITY July 30, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED John Powell 180 Ash Street Cedar Point, NC 28584 Re: Retaining Wall Rehabilitation 127 Kiawa Way Indian Beach, Carteret County, North Carolina Dear Mr. Powell: In accordance with the requirements of the Division of Coastal Management CAMA Major Permit Application, a copy of the permit application and supporting documentation for the referenced project is provided for your information. If you have questions concerning the proposed project, please contact Mr. J.W. (Bill) Forman, Jr., P.E. of Bearing Point Consulting, Inc. in Morehead City at (252)-247-4200. Please be advised that, if you have comments concerning the project, they must be submitted to the Division of Coastal Management within 30 days of this application. Submit comments to N.C. Division of Coastal Management, 127 Cardinal Drive Extension, North Carolina 28405. Thank you for your assistance on this matter. Sincerely, BEARING POINT CONSULTING, INC. ames W. Forman, Jr., P.E. Senior Engineer Enclosures cc: Sherwin Herring JUL 3 1 2013 N.C. Division of Coastal Management D31-'VIM Crry 910 Arendell Street • Morehead City, North Carolina 28557 • Ph: 252.247.4200. Fax: 252.247.7300 • www.BearingPt.com July 30, 2013 CERTIFIED MAIL RETUNR RECEIPT REQUESTED Telena Willis T. Willis Construction Company P. O. Box 222 Salter Path, NC 28575 Re: Retaining Wall Rehabilitation JUL 3 1 2013 127 Kiawa Way Indian Beach, NC DCM VM CITY Dear Ms. Willis: I am writing you on behalf of Sherwin Herring, owner of the property at 127 Kiawa Way in Indian Beach. Mr. Herring's property is adjacent to property owned by you at 129 Kiawa Way. Mr. Herring proposes to rehabilitate the failing bulkhead fronting his property on Bogue Sound. The proposed plan includes construction of new walls in front of the existing walls using materials and bracing appropriate to the conditions. I am an Engineer in Morehead City and am responsible for the design and permitting of the wall improvements. The new wall will be similar to the existing wall. It will consists of an upper and a lower wall with a 12 foot wide step on top of the lower wall. Elevations of the upper and lower walls will be essentially the same as the existing. The lower wall will tie into the west end of the bulkhead that surrounds the shoreline of your property. Connection of new bulkheads to old ones is always a challenge. The solution we are recommending is to construct a reinforced concrete connection at the joint of the two walls. The connection would require drilling holes on your wall and the new wall, inserting steel rebar in the drilled holes, placing a steel rebar cage vertically connected to the drilled rebar, forming a box around the rebar and pouring concrete in the form. The form will extend from the top of the Herring wall to some 3 to 4 feet below the ground at the toe. The joint will encapsulate the timber members at the joint. The joint will reinforce your wall against lateral movement and provide a barrier to the Herring wall to prevent loss of fill material from the back As you can see from the picture below, the existing intersection of the two walls is a mess. The final connection we are recommending will be clean and invisible from the top of the wall on your property. In order to build the connection, the contractor will have to remove the cap material along the top of your wall, build the connection, and then replace the timber cap boards. The marine contractor for the project is T. D. Eure Construction Company, an experienced and reputable contractor in Morehead City. Mr. Chuck Bissette will oversee construction of the project. 910 ArendRll Street -Morehead City, North Carolina 28557 • Ph: 252.247.4200 + Fax: 252,247.7300 • vjww.BearingPt.com Telena Willis July 30, 2013 Page 2 of 2 Photo — Existing joint between bulkhead at 127 and 129 Kiawa Way, Indian Beach A Major CAMA Permit is required to complete construction of the wall improvements. In order to secure the permit, The Division of Coastal Management is requiring a letter from you, as the adjacent property owner, stating that you understand the improvements and grant Mr. Herring the right to connect to your existing wall in the manner I have described. A copy of the Major CAMA Permit application is attached for your information. You letter can be addressed to me, Mr. Herring or to the Division of Coastal Management. Ms. Willis, I will be glad to spend whatever time it takes to explain the work to you and answer any questions you have. I can meet you at a location of your choice and show you the plans and answer your questions. If you instruct me to, I will prepare a short letter on your behalf for you to review and sign. If we can get the required documentation and permit in place, we expect the wall replacement work to begin in August 2013. We would appreciate your attention to this matter at your earliest convenience. Please feel free to call me if you have any questions regarding this matter Sincerely, BEARING POINT CONSULTING MEMO JUL 31 2013 ames (Bill) W. Forman, Jr., P ,,,,/ Senior Engineer 7/'7i3 �M'MHDCny Attachments: July 30, 2013 Sherwin Herring 2201 South John St. Goldsboro, NC 27530 N.C. Division of Coastal Management Morehead City Regional Office 400 Commerce Ave. Morehead City, NC 28557 Be. Authorized Agent Agreement Retaining Wall Rehabilitation, 127 Xiawa Way Indian Beach, NC To Whom It May Concern: This is to inform you that J.W. (Bill) Forman, Jr., P.E of Bearing Point Consulting, Inc. is the Authorized Agent for the referenced project. Mr. Forman and is authorized to act on behalf of the applicant on matters related to the CAMA Major Permit and related state and federal permits. Please call me if you have any questions or need additional information. Sincerely, Sherwin Herring CC: N. C. Division of Coastal Management RECEIVED JUL 3 1 2013 DCM-Vt1D CITY CARTERET COUNTY 11075 01/31/2003 $313.00 6TATE of Real Estate �pO�H INA f+a' " Excise Tax A -. NORTH CAROUNA, L;ARTERET COUNTY The foregoing certificate(s) of Notary Public(s) is/are certified to be correct. This instrument and this Oert't'" Cate are duly registered at the date and time and in the Book and Page shown on the first page hereof. rue Anhui Re&tqt�of By r — ......— .em.ekw. e.ca« a Deaas Nelar.ie Arthur CARTER,ET 01./31 /2003 P .91524E COUNTY PP NORTH CAROLINA GENERAL WARRANTY DEED Pago I of p Excise Tax: S 313.00 Parcel Identifier No. 633408891266 Verified by County on the _ day of 20_ This instrument was prepared by: Stone & Lumsden, PC Brief description for the Index: LT 12, KIA WA AT INDIAN BEACH THIS DEED made this 31 st day of January 20 03, by and between Albert F. Sloan and wife, Carol A. Sloan 756 Whitehorse Drive Greenville, NC 27834 URAN'fhb Sherwin Herring and wife, Rebecca A. Herring 300 Breezewood Drive Goldsboro, NC 27534 RECEIVED JUL 3 1 Z013 DCN-MHDCITY The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwhich is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Indian Beach Morehead Township, Carteret County, North Camlmaand more particularly described as follows: BEING all of Lot 12 of KIAWA AT INDIAN BEACH, a "Planned Unit Development", as the same is recorded at Map Book 29, Page 203, Carteret County Registry, to which reference is made for a more complete description thereof. INCLUDING all rights, privileges and obligations incident to membership in the Kiawa at Indian Beach Homeowner's Association, Inc. SUBJECT to Easements, Restrictive and Protective Covenants of Record; and the right of others in and to "Kiawa Drive". The property heremabove described was acquired by Grantor by instrument recorded in Book 831 page 95 A map showing the above described property is recorded in Plat Book 29 page 203 NC Bar Association Form No. L-3 © 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association — 1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27601 dtQq 1 �15� PAG �