Loading...
HomeMy WebLinkAbout103-13 Miley, JohnPermit Class NEW Permit Number 103-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to ,Cohn Miley, 744 Forest Mills Road, Chesapeake, VA, 23322 Authorizing development in Currituck County ado. to Capsies Creek, at 153 & 155 Williams Drive. Knotts Island , as requested in the permittee's application dated 4/15/13 including the attached workplan drawings (3), 2 dated 2/26/13 and 1 dated 5/22/13 This permit, issued on August 29, 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. Docking Facility •1) Unless specifically altered herein, this permit authorizes the construction of the docks, piers, covered boatlift, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this reconfigured docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (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 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 Division approval. All 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(/Dois, Director .on of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee f John Miley Permit # 103-13 T „;• Page 2 of 4 i.-T .• ADDITIONAL. CONDITIONS 2) The covered boat slip shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 3)'` The authorized covered boat slip shall be single story, and shall not be designed to allow for second story use. - 4): Gi The pier and associated structures shall have a minimum setback distance of 15 feet between any parts ` of the structure and the adjacent property owner's riparian access corridor. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. z:. 5') No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable _ water at or adjacent to authorized work. The permittee shall maintain the authorized work in good condition and in conformance with the terms ` and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third parry. 6); This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be.entitled tocompensation for damage to the authorized structure or work, or injury !' x which may be caused from existing or future operations undertaken by the United States in the public interest. ",.,:' 7) : The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent .. �' _ .• .reflectors shall be attached to the structures in order to make them more visible during hours of darkness or -inclement weather. l'. }• "y ,S) This permit authorizes a maximum of two formalized boat slips. Bulkhead and Breakwater 9) The authorized bulkhead on the northeast corner of the property shall be located at the normal water level and landward of all Coastal Wetlands. 10.) The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. r,11) The breakwater and bulkhead that crosses the mouth of the upland basin shall adhere to the alignment and design, including gaps associated with the breakwater, depicted on the attached workplan drawings. . 12) The bulkhead shall be constructed prior to any backfilling activities. The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. J-✓:. - , John Miley Permit # 103-13 i Page 3 of 4 ADDITIONAL CONDITIONS -14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles; or other suitable materials approved by Division personnel. r« 15). All backfrll material shall be obtained from a high ground source and confined behind the permitted bulkhead'. n: 4 Upland Development i' 16) _ Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the single family dwelling, ,. driveway and associated innovative wastewater treatment system, all as expressly and specifically set a 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) 264-3901 for this determination. Sedimentation and Erosion Control In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments ir adjacent waters.' 3)` Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded matzrials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or ben-ns, etc.). Stormwater Management 19), The N.C. Division Energy, Mineral, and Land Resources approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SWG010018 on 8/12/13. Any violation of the permit approved by the DEMLR will be considered a violation of this CAMA permit. General 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 <: -5'• ` made against the United States or the state of North Carolina on account of any such removal or alteration. `, ;i21) No open water areas shall be excavated, even temporarily. 22) This permit shall,not be not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. YA( John Miley Permit 103-13 Page 4 of 4 ADDITIONAL CONDITIONS 23) The permitted and/or, his contractor shall meet with a ;representative of the Division prior to project initiation. 24) Mitigation shall be provided in'6ccordance with the provisions outlined in the U.S Army Corps'of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. NOTE: This permit, does not.eliminate the need to obtain any additional state, federal or local permits; - approvals or authorizations that may be required. NOTE: , ' Future development of. the permittee's property may require a modification of this permit: Contact a representative of the Division at (252)-264-3901 prior to the commencementcof any such activity• for this detemunation. The pennittee is "further advised'that many non -water dependent activities are not authorized within 30 feet of the normal water level: NOTE: The N.C. Division of Water'Quality has authorized the proposed project under'D.WQ Project, No. 13-0606_. NOTE: The U.S. Army Corps of Engineers authorized,the proposed project under COE Action Id. No. . SAW-201'3-01'i:71. . I Lot 26 and Lot 27 Bertha L. Williams Subdivision John J. Miley Residential Site Plan CAMA Major Permit Application Revision 04/09/13 per NC DCM Comments 03/18/13 PROJECT DESCRIPTION Site Location The site is two properties that are approximately 0.53 acres located in the Bertha L. Williams Subdivision along a man-made canal and Capsies Creek ("SC"waters of Currituck Sound) on Knotts Island. The lots are accessed via Williams Drive (NCSR 1120) and are roughly centered on latitude 36.5426490°N and longitude 75.9188178aW (Figure 1-Relevant Portion of USGS Topographic Quadrangle-Knotts Island). The Bertha L. Williams Subdivision on Knott's Island was platted in the early 1960's. Existing Development Based on a review of historic aerial photography, both lots were formerly developed with a mobile home and associated infrastructure on each respective lot. One of the mobile homes apparently burned and the other was moved. Two concrete septic tanks and some utility and light poles remain. Otherwise, the lots are vacant. Historic aerial photography of the site has been included as Attachment 1. Recent aerial photography (2011) with the site plan overlain has been included as Attachment 2. Issued Permits and Permitting History Other than septic approvals, and recent Albemarle Regional Health Services (ARHS) site evaluations, there are no known permits issued for this property. Areas of United States Army Corps of Engineers (USACE) and North Carolina Department of Environment and Natural Resources (NCDENR) Division of Coastal Management (DCM) wetlands jurisdiction have been delineated and are presented on the attached Figure 2- Wetlands Plat. Proposed Work The applicant proposes to stabilize the shoreline of the property through a combination of 151 linear feet (If) of bulkheads and 84 If of breakwaters as shown on the attached Figure 3-CAMA Major Site Plan. The applicant proposes to construct a 2,000 square feet (sf) footprint three bedroom home and all required infrastructure as shown on the attached Figure 3. The proposed residential development will require the fill of 3,904.8 sf of USACE Jurisdictional Wetlands, 1840.3 sf of bulkhead backfill and 1,534 sf of existing boat basin (includes bulkhead backfilling in that location). The fill is required to provide appropriate septic setbacks for an innovative wastewater treatment system. The Applicant proposes to construct a six feet by 34 feet wooden pier with 400 sf of open decking and two formalized boat slips each measuring 12 feet by 20 feet. One slip will include a boat lift �vitk-severl as shown on the attached Figure 3. F tJe Ra��r per,S/dJR en s; 940. Proposed development will create 1,368.4 sf of impervious surfaces within the 75 feet Area of Environmental Concern (AEC) resulting in $„t*percent impervious surface coverage within the AEC. There is no proposed coverage within the 30 feet Vegetated Buffer. RAn s-AI)I3 JUN 0 7 2013 DCN1-YMCrrT Stormwater Management There are no proposed discharges to any "Waters of the State". Currituck County stormwater considerations may be required and will be addressed appropriately. Soil Erosion and Sedimentation Control The proposed development does not require a formal Soil Erosion or Sedimentation Control Plan. However, silt fencing will be placed along the coastal wetlands line prior to any authorized land disturbance. A Currituck County Disturbance Permit will be required prior to any development. Water and Sewer Development of the property will involve installation of an advanced on -site septic system permitted through ARHS. A private on site well will be installed in accordance with the 2C Well Construction Standards. ILAPR 18 2013 RECEIVED JUN 0 7 2013 DCM-MHD CITY gem MP-1 APPLICATION for i APR 18 2013 Major Development Perms (last revised 12/27/06)--"—`------� North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name (' Name Project Pr jrf applicable) Lot 26 and Lot 27 Bertha Williams Subdivision Applicant 1: First Name MI Last Name John J Miley Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box CRY State 744 Forest Mills Road Chesapeake VA ZIP Country Phone No. FAX No. 23322 ext. _ _ Street Address(# different from above) city State ZIP Same as above. Email jmiley55@yahoo.com 2. Agent/Contractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Warren D Eadus Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box CRY State PO Drawer 870 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 3300 ext. ext. FAX No. Contractor # 252 261 1260 Street Address (if different from above) CRY State ZIP 8 Juniper Trail Southern Shores NC 27949 - Email weadus@quible.com RECfiIVBA <Form continues on back> JUN 0 7 k813 Form DCM MP-1 (Page 2 of 4) APR 18 2013�I APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address -_ _ - -. State Rd. # Currituck 153 Willams Drive 1299 Subdivision Name City State Zip Bertha L. Williams Subdivision Knotts Island INC 27950 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Capsies Creek (Currttuck 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 Currituck 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. Currituck County 4- Site Description a. Total length of shoreline on the tract (ft.) - b. Size of entire tract (sq.ft.) 292 (Two parcels) 25,371 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Lot 26 (0.25 acres), Lot 27 (0.28 acres), NW L (normal water level) (if many lot saes, please attach additional page with a list) 3 ❑NHW or ®NW L e. Vegetation on tract Maintained grasses and wetlands consisting of Salix nigra and S. patens along with C. jamaicens. f. Man-made features and uses now on tract QED Septic tanks and light poles. JUN 0 7 2013 g. Identify and describe the existing land uses ad6acen to the proposed project site. Residential DCM-MAD CITY h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Agricultural (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-808 24,1 .. 9.33'3-4R C 0 p,:, r '.n,^ :, a s. a l m a n a'I � rn",i. 1� et Form DCM MP,1 (Page 3 of 4) APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? - - -- ®Yes ❑No (ii) 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. Derelict conventional septic tanks and drainfields. Site is currently undeveloped but was developed residential as recently as 2007. o. Describe existing drinking water supply source. On site groundwater well (new well to be installed). p. Describe existing storm water management or treatment systems. N/A 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. Private residence. 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. Conventional equipment will be used to construct the residence, install bulkhead and build pier etc... d. List all development activities you propose. Construction of 160 linear feet of bulkhead, 150 linear feet of free standing breakwater, fill of 3,904.8 sf USACE Section 404 Wetlands, fill of man made boat basin (1,534 at), construction of 2,000 sf (footprint) residential structure and all required infrastructure as shown on attached plats. e. Are the proposed activities maintenance of an existing project, new work, or bah? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 11,500 ®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. RECQVED No discharges to waters of the state existing or proposed. JUN 0 7 2013 I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ® - L+1TV 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. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (n are always applicable to any major development application. Please consult the application instruction booklet on how to properly 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 Richard L. Hodges III and Wendy M. Hodges Phone No. Address 151 Williams Drive Knotts Island, NC 27950 Name Jo Ann M. Little and Judy M. Little Phone No. Address 1845 N Alanton Dr Virginia Beach, VA 23454 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 author2ation form, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date r�(5�20(3 Print Name �'J Signature APR 18 2013 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑V69EOM Bridges ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information YiJ ,' 0 7 2013 r •r Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) APR 1 8 2013 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 46 Width 32 Avg. Existing 2.0 NA NA Depth Final Project +3.0 NA NA Depth 1. EXCAVATION ® This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. 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 (W L)? 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: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ® This section not applicable a. Location of disposal area. c. (i) Do you claim title to disposal area? Oyes ❑No ❑NA (if) If no, attach a letter granting permission from the owner. disposal area. d. (i) Will a dis oral area be available for future maintenance? ❑Yes LJNo ❑NA (if) If yes, where? e. (1) Does the disposal area include any coastal wetlands/marsh f. (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? []Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED JUN 0 7 2013 nrM-MHD CITY zsz sn� - Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: Breakwater 4 Lfk Bulkh if ISO RAQ S'3-%? LgBulkhead ❑Riprap OBreakwater/Sill ❑Other: c. Average distance waterward of NHW or NW L:2feet— B.rlKticac� C iS.4 Brc.:.KuR.1+r @ S.�' (ataEias•a .+,.�N,�t'C Ne W. r) 1211t1 E-3-13 e. Type of stabilization material: Wood and vinyl g. Number of square feet of fill to be placed below water level. Bulkhead backf111840.3 Riprap_ Breakwater/Sitl Other i. Source of fill material. Permitted mine. Width: Bulkhead 2 feet and Breakwater 2 feet d. Maximum distance waterward of NHW or NW L: Bulkhead 47 feet (filling of man made boat basin) and 10 feet Breakwater f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA Ili) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Clean sand 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []No El NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW ). If yes, (it) Amount of material to be placed in the water 285 yards and two areas of Section 404 wetlands totallino 3.904.8 sf. (iii) Dimensions of fill area Boat Basin -Approximately 45 feet by 32 feet (irregular shape)Remaining wetlands 3,904.8 sf in irregular shapes. IN) Purpose of fill Fill "sifted in" boat basin to create appropriate separation for installation of septic system to serve proposed residential home. Fill of wetlands for septic separation, placement of residential home and provide driveway access for properties platted in 1963. 5. GENERAL submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAv ❑SB OWL 3,904.8 ❑None (ii) Describe the purpose of the fill in these areas: Lot fill to create separation for installation of septic and to allow construction of single family residence on lots platted in 1963. a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment controlled? backhoe, or hydraulic dredge)? NA NA c. (i) Will navi ational aids be required as a result of the project? d. ❑Yes LgNo ❑NA RECEIVED (ii) If yes, explain what type and how they will be implemented. za Date nNnn9�13 (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (it) If yes, explain steps that will betaken to avoid or minimize environmental impacts. Lor up a+vo Z11- le1nu jmu'lw t( INuu» a Project Name 252,808-2808 1-888-4t$r. s. .'# �.r _..i":o-t t3irr.3nA r..>>> i:`';>ti. A4 Form DCM MP-,2 (Excavation and Fill, Page 3 of 3) Applicant Npmq APR 1 8 2013 M, � Applicint Si nature RECEIVED JUN 0 7 2013 DCM-MRDCTrY -52 3m zal A aqln;et: e, .,visad; 12126;06 M 2303 ?Oe 4'.RCOASI -; Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) i APR 1 8 2013 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. - Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. r,,,,, One residential structure with a 2,000 sf footprint. Pile supported. c. Density (give the number of residential units and the units per acre). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes ONO ❑NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. -4.5.1— %. el `/o RAR Pcr s/.?al t; co""'4"w I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 13.4 j. Describe proposed method of sewage disposal. On site, active drip disposal. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). NA d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 11,500 sf f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Paver stone, asphalt, gravel and concrete h. Projectsthat require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ONO ❑NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i)received state or local approval? []Yes ONO ❑NA If yes, attach appropriate documentation. M. Does the proposed project include an innovative stormwater design? ❑Yes ONO ❑NA If yes, attach appropriate documentation. RECEWED JUN 0 7 2013 DCM-MHD CITY 252-808-28082 :: 1-888-4RCOAST :: www.nccoastaimaolagement.net Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Well o. When was the lot(s) platted and recorded? 1963 4IX113 Date n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA COT- Z& A1yo 27- "6tk4a, L-Ly1L14gV.1 SLpNW OO Project Name T*& d , Applicant Name Appl[eantOgnature APR 18 2013 RECEIVED JUN 0 7 2013 DCM -MHD Cast 252-808-2808 :: 1-888-4RCOA57 :: www.nccoastaimanag_ement.net revised: 12126106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 1APR 8 2013 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government IDPrivate/Community ❑ This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or plar(s) d. (!)Are Finger Piers included? ❑Yes ®No III) Number 1 If yes: (III) Length 34 (ii) Number _ (iv) W idth 6 (iii) Length (v)Floating ❑Yes ®No (iv)Width _ (v)Floating Oyes ❑No e. (i) Are Platforms included? ®Yes ❑No f. (1) Are Boatlifts included? ®Yes []No If yes: If yes: III) Number 1 (ii) Number 1 (III) Length 20 (iii) Length 12 (iv) Width 20 (iv)Width 20 (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (!)Number of slips proposed h. Check all the types of services to be provided. 2 ❑ Full service, including travel lift and/or rail, repair a (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 2 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: L Check the proposed type of string: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 24 m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 2 I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout RECEIVED JUN 0 7 Z013 I. (!)Will the facility be open to the general pfflow IFi ic" ❑Yes ®No 252-808-2808 :: 1-8884RCOAST :: www-nccoastalmanagennent.net revised: 12/27iO6 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACIUTY/MARINA OPERATIONS ® This section not applicable a. b. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number:_; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: Describe treatment type and disposal location for all sanitary wastewater. _ - r --- APR 18 2013 c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. i. Give the number of channel markers and "No Wake" signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No JUN 0 7 2013 DCM-MHD CITY 252-808-2808 :: 1-888-4BCOAST :: www.nccoastal_managernent.net a-eaised: 12,2706 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shelffish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlandstmarsh (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE ('Including covered lifts) ®This section not applicable I a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number _ (it) Length (if) Width 5. BREAKWATER (e.g, wood, sheetpffe, etc.) ❑This section not applicable a. Length 84 b. Average distance from NHW, NW L, or wetlands 5.9' RAIL 5--3-13 c. Maximum distance beyond NHW, NW L or wetlands ,L')o RAt1 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL 191):}1y i7 JUN 0 7 2013 DCM-MHD CITY b. Number d. Description of buoy (color, inscription, size, anchor, etc.) d3a 3J6-2808:: 1-888-4RCDASi :: www_nccoastaimanagentent.net revised: 12127)O6 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structures) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 15 feet or greater Unknown, greater than 50 feet. Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 912 feet Caosies Creek: Canal 35-40 feet e. (1) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NW L 3.0 feet (rel. NWL) 8. OTHER ®This section not applicable a. Give complete description: . 411s1 t3 Date L-Ot FASIAt L, Wi(INNuS sVBDW1s10N Project Name -10" S , 11A 1(�1 Applicant Name AppW5ant F)gnature r APR 1 8 2013 RECEIVED JUN 0 7 2013 DCM-MHD CITY 252-808 2808 1-888-4RCOAST :: www_nccoastaimanagetnent,.pet revised: 1ZVM6 -Tu— to GOOSfle earth mel 1000 DO A RECEM APR 18 201113 1 JUN 0 7 2013 1 DCM.MHDcny M4-ukm—� 1. A -Sol-%n J. M'%ky 414cw, (- Aev,O NAjvoftiy RAa - 1000 e__s 300 IAPR i 8 20i3 JUN 0 7 2013 DCM-NM Cny A}ka(,kw,-.r�+ I.g Sohn s. M%If y 12, A. R, or +� .ti ,lrt ;008Ie earth feet 100c meters 300 RECEIVED Jura 0 7 2013 DCM-MHD MY AAA 1 8 2013 �J I, c M � t y PVu�ugrCQhy kA its-^ ( ♦ .. �i 4 !' [ r� 1rE• Al .` :Z';M'�T.''P'1".: Google earth )ir 3 4 y xc r.ry wCv.Ay r % 92 '�L•r ` rrr` }• r � , �� Google earth 3P Et i s C f F r J r c ZvK Goo le earth Statement of Compliance with Session Law 2009-337 An Act to Promote the Use of Compensatory Mitigation Banks and SL 2011-343. (link to SL 2009-337) (link to SL 2011-343) Prior to accessing the Ecosystem Enhancement Program (EEP) In -Lieu Fee Mitigation Program, all applicants requesting wetlands, stream and/or riparian buffer mitigation are now required by law to comply with Session Law 2009-337 An Act to Promote the Use of Compensatory Mitigation Banks as well as Session Law 2011-343, which made changes to the definition of "government entities." All requests submitted on or after June 27, 2011 MUST include this form signed and dated by the permit applicant or an authorized agent. Please refer to DENR's Implementation Policy for more detailed guidance. Compliance Statement: have read and understand SL-2009-337 and SL-2011-343 and have, to the best of my knowledge, complied with their requirements. I understand that participation in the NCEEP is voluntary and subject to approval by permitting agencies. Please check all that apply: Applicant is a Federal or State Government Entity or a unit of local government meeting the requirements set forth in G.S. 143-214.11 (as amended by SL 2011- 343) and is not required to purchase credits from a mitigation bank. There are no listed mitigation banks with the requested credit type located in the hydrologic unit where this impact will take place (link to DWQ list) (see "approved mitigation bank" link under "Options for compensatory mitigation" heading) v Sty JA �rft-)) Mitigation bank(s) in the hydrologic unit where the impacts will occur have been contacted and credits are not available. The DWQ or the Corps of Engineers did not approve of the use of a mitigation bank for the required compensatory mitigation for this project. This is a renewal request and the permit application is under review credits were not available at the time the application was submitted. Enter date permit application was submitted for review: Bank Note: It is the applicant's responsibility to document any inquiries made to private.mitigation banks regarding credit availability. initial here IAAr� RECEIVED Sighat6re of Applicant or Agent JUN 0 7 2013 Date DCM-MAD CrrV GoT /.4ll1tkWJ Project Name SU�SplUiS(ON� /itlGE Printed Name-- ! Location NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN -LIEU FEE REQUEST FORM Revised 1/17/2013 Complete requested information, sign and dateemail to or fax to kelly.williamsna ncdenr.aov (fax) 919-707-8976. Attachments are acceptable for clarification purposes (location map or let long is required). Information submitted is subject to NC Public Records Law and may be requested by third parties. Review meetings are held on Tuesday afternoons. Information submitted is subject to NC Public Records Law and may be reauested by third oarties. CONTACT INFORMATION_ APPLICANT'S AGENT (optional) APPLICANT 1. Business or Individual Name I _ _ I Jo"& 2`Street Addressor PO Box - ItIL S 3_Cily,State, Zip ---_._._._.__._.. J_E ✓j� 4_Contact Person--------_Wi4aw ovw& VWL 5_Telephone Number S . 7 & . 3 p — _`- 8. Fax Number-_. - , 2(c(• lZ 4 —7_E_MailAddress (optional) 8. Project 8. Project Location or attach a map 12. River Basin & (See Note 1) 03o( 0ZV< is. vroject t ype --speclty owner type and write in project type (e.g. school, church, retail, Owner Type: _Govemment residential SD, apartments, road, utilities, Wetland Impact .q ✓ Private o� IV. non-rclpanan vveaana impact (ac.) 31 q0q SF r p q ------------------_----- --------- ------------- - - - ---- ----- --- ------- 16. Coastal Marsh Impact (ac.) N R__ 17.Streim Impact (ft.) (e.g._ 1,234) Warm Cool Cold 18. Riparian Buffer Impact (sq. ft.) Zone 1: 2one 2: (where applicable) N 19. Regulatory Agency Staff Contacts USACE I DWp (Indicate names, if known) is SCal2p)pG __._.-----.----------- ---- --- -_.__._._.-.-_.-.-:>_._.__,-,.___.._._...__._._.__._U.._._a_._,._.____.____-./.__..._._-__., . IMPORTANT I By signing below, the applicant is confirming they have Check (�) below if this request is for a: I. read and understand EEP's refund policy posted at — revision to a current acceptance nceep.net and attached to this form. — renewal of an expired acceptance Signatur f icant or Authorized Agent: —extension of unexpired acceptance Date: Note 1: For help in determining the Cataloging Unit visit:www.n n or contact EEP Direct questions to Kelly Williams at 919-707-891k!o. vv �(dncdenr.aov or to EEP's frc MM-UNDCITY r1 _- ,' 1 r— tdes at9$%�07,8f61 1`a I Warren Eadus From: Sent: To: Subject: Classification: UNCLASSIFIED Caveats: NONE Barnes, Kyle W SAW <Kyle.W.Barnes@usace.army.mil> Monday, April 15, 2013 8:08 AM Warren Eadus RE: Jack Miley Knotts Island (UNCLASSIFIED) GDSRB is still on hold for selling credits. EEP is the only game right now. -----Original Message ----- From: Warren Eadus [mailto:weadusaguible.coml Sent: Wednesday, April 10, 2013 5:04 PM To: Barnes, Kyle W SAW Subject: Jack Miley Knotts Island Are you accepting mitigation credits from Great Dismal Swamp Restoration Bank for projects on Knotts Island? Specifically, I am submitting a CAMA Major for Jack Miley (just recently issued JD Lots 26 and 27 Bertha Williams Subdivision) and we need to fill so that he can put up a three bedroom house and get a septic system to work. I need to offer mitigation and was getting ready to request EEP, but I have to check around with the banks first. Warren D. Eadus, P.G. President Quible & Associates, P.C. 8 Juniper Trail PO Drawer 870 Kitty Hawk, NC 27949 t 252.261.3300 f 252.261.1260 m 252.202.8166 www.guible.com <blocked::hftp://www.quible.com/> RECEIVED JUN 0 7 2013 DCM-MHDU CITY LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or SITE �1it�larr•�s��a va.➢rny�9wA;n� LEGEND EAPROPOSED GRAVEL PROPOSED AREAS OF FILL r EXISTING COASTAL WETLANDS I (NO FILL PROPOSED) PROPOSED TO BE FILLED -, NON —COASTAL 404 WETLANDS L - - - - (3,904.8 SQ.FT.) EXl5Tlt, 1. OWNER: UFE TENANT: 0 NORMA PARKER SAWYER HALL n 6: JOHN J. MILEY 744 FOREST MILLS RD £ CHESAPEAKE, VA 23322 2. PIN NUMBER: 075AN0002700M 8: 07SAOM00260WO i _ 3. RECORDED REFERENCE: M.B. 2. PG. 128; D.B. 1082, PC. 729; D.B. 107, PC. 440 4. PARCEL AREAS: LOT 26 AREA TO EXISTING NORMAL WATER UNE = 10.943 sgft / 0.25 as LOT 26 AREA TO PROPOSED IORMAL WATER UNE = 12.471 sq.R. / 0.29 LOT 26 PLAT AREA = 14.1482 agft / 0.34 cum LOT D AREA TO EXISTING NORMAL WATER LINE - 12.356 Nft / 0.28 oa LOT 27 AREA TO PROPOSED NORMAL WATER UNE - 12.612 q.ft. / 0.29 LOT 27 PLAT AREA = 19,855 sgft / 0.46 acres. S. WETLAND AREAS k IMPACTS: a c USAGE 404 WETLANDS = 3,904.8 SQ.FT. ,i 3.90,1.8 SO.". PROPOSED TO BE FILLED oCOASTAL WETLANDS = 4,15DO SQF1 10 0 SO.". PROPOSED TO BE FILLED V6. PROPOSED IMPROVEMENTS Y IMPACTS: L TOTAL IMPERVIOUS COVERAGE: 3,369.3 SOFT. (13.4i OF TOTAL PROPOSED LOT AREA) T LENGTH OF PROPOSED BULKHEADS: 151 LN.FT. LENGTH OF PROPOSED BREAKWATERS: 84 LN.FT. AREA WITHIN 30' BUFFER - ],]03.8 SQ.FT. PROPOSED IMPACTS WITHIN 30' BUFFER: PROPOSED GRADING, BULKHEAD BACKFILL, AND FILL FOR SEPTIC DISPOSAL. (0 SO.FT. OF IMPERVIOUS COVERAGE PROPOSED.) = 0% AREA WITHIN 75' A.E.C. - 16.657.3 SQ." I PROPOSED IMPACTS WITHIN 75' A.E.C.: PROPOSED DWELLING. GRADING, BULKHEAD BACKFILL. AND FILL FOR SEPTIC DISPOSAL (1,368.4 SQ.FT. OF IMPERVIOUS COVERAGE PROPOSED) = 8.2% IMPERVIOUS WITHIN A.E.C. APPROX. 2065' TO KNOTT5 15L4ND RD. (60' RIK I I I V N 41 N/11'J REVlslota n I nl n 20 113 05/0IV20I3 D16ITI2E LOGA7I0N OF 6QA5TAI. aM 0, as Y Z } as Q > N O J IY o ViO* OYMHQ .` I W F1.�1 c3i,o!4 �IJU N OQ �01w •1=IZU NyNN� U O N C y N C J co V•E O*z wZ =3a4a w Z O Z LU O z> u z z o z w W a m� Ri n AN tj z vi pO_z ZZw Ow OZwZ O FO aZ¢E�Q tj Waf V120 WainO ��>i S TFm �^I 5. 000Oz2 1.�mx j{n3 mVmIUWUU OW mod 35 0 OmKO0 OU (a_j RQJ�UZ (np�Uw m o.wcl x mo: •'YI UO F FWm<W LSa rda.Swiw Zo w OIL rc rnwzxx`so wSw T41 UUm S OW Wa Z�ClZQOa22 cPm'C zm 5Yz� JQ p U��41414� mg��~ -dlwvwi�g; -- e 2"x6' P.T. CAP BOARDS U z > a SPACED 1' APART WITH a • z > H c WAVE r STAINLESS STEEL SCREWS a S CUT 2' SLOT IN DIRECTION I:1 a o o V o 0 OUTER FLANGE OF SHEET PILE w do o 2 0 0 - TOP 3' LENGTH (TYP) 6x6 (TYR) -- 6.2' MIN i w• o ai "Md EIev_+2.0 ro TIMBER BOLTS 6'x6' CONT. TIMBER WALE 0 i N I o 4 W/ OGEE WASHERS PROVMATE 2x6' P.T. FACE BOARD 16' LONG W/SHIP LAP JOINTS yA tj u V x r n.2 4' D.C. (TYR) _ ORAOE BACK FACE cd N w m _; N 2 Elev. O.Ot 0.0 N111 —d ^.1.� . r"'� •V U`" pYw BOLT !I. _ i. .I -�. f - - - _ �{/d�i Q a F moo; c z a 4 PER SCAB BLOCK I - ` _ . d% o z o 0 COUNTERSUNK (TYP) ` in VJ z u V' c w (2 ON EACH SIDE 8%8 SCAB BLOCK On `v' ! in ` W z z c R OF JOIN 2C LENGTH I '�.I _ E3 w o POSITISPONED AT WALE i i I \ .NA........ B"o BUTT (MIN.) % 14'L LICE (TYP) TIMBER PILE 4' O.C. (TYP) VINYL SHEET PILE I" DIA. GALV. TIE 1" DIA GALV. � CC ROD IV LONG ® BOLT AT EA L 5-4'o-c HOR17 WALE/PILE P.T. FACE PILE .} CONNECTION 8' DIA 16' LONG ® 5'-4' C-C FREE—STANDING SLOTTED BREAKWATER SECTION (TYPJ CAL VINYL SHEET PILING OR CMI SG-425 INTERLOCKING 8"x8' P.T. VERTIL ¢ NTS ANCHOR PILE 8' LONG APPROVED EQUAL PRODUCT i 7 4- 'STRUCTURAL DESIGN BY OTHERS AT EACH TIE ROD 14' LONG � "!I Q 2" SLOT CUT IN FRONT F TOP 3' LENGTH BUTT (MIN.) X 14Y TIMBER PILE (TYP) NOTE: ALL TIMBER TO BE PRESSURE TREATED IN ACCORDANCE WITH AWPA USE CATEGORY UC58 ALL NAILS & HARDWARE TO BE HOT DIPPED GALVANIZED. f BOLT VINYL SHEET PILE Ci C 4 PER SCAB BLOCK SHEETING CONNECTION (TYP)3, 5/16"03" SECTION OF BULKHEAD z D BY STRUCTURAL FFLANG SS LAG SCREW - GRADE 3G4ES T &REAR NTS(D SIGN TO BE ENGINEER PRIOR ITOE CONSTRUCTION) 4 W rO TIMBER BOLT W/ OGEE WASHER & NUT (TY'P) 4' (Typ) I I I I WAVE DIRECTION BREAKWATER PLAN VIEW CM) NTS 'STRUCTURAL DESIGN BY OTHERS ROOFED BOAT LIFT N.T.S . per j+3 er.w,1 xz O U Y U N y L) U � 0 �p� N � v$ x o Z a a4v) O r o F91 "' mww 0z0zpw m po_z zwwwF o o�ioGg o o'u >> U ON~NO� 222�N2 MRUD�U>y�a yN V1U 00 N 2w 3 W WUU N� rc-oOUg z�mWpg MlU O<OM1'22 NR�UO F'N WU d d= �w�a NO R SG za v~jW¢oao RwSzww ib - e-U� mo�ROm< 5a3�om zao<�N Vm i� o'azm 5 Z2o > > oN yoJ Mtn F Q �7¢Wy�w53 ZwRZ�c N�NNmO ~yJaj2 WOtpI S rco�s rrcZ F e'p RN Ram mp O N 3 3 o N a d o r N U , \4u 1 z \r­ I si H, Oi 7� RICHARD L. HOD6E5 f UF R I kLWYN. HODkI j W W LOT 25 t BERTHA L.H1LL1A%f5_%W1V151ON Y '% PIN. 075AO0000250CW Q? Stil A, - _­1 60 C, N 0T 24)'GYM' E — 1173 o 0 7 C' 0 C_� 7. wr III m - - - - - - - - - - - - - - - - - - > z --0 3>0 0 OP Z?< > mm M>> >Omg jI yD z z A A 0z 0 0 0III ?< m Dn �m� 0 0 DOm-u m X 0 mD En rn & 4Cm' >mmw X de 1.,%.* 11-0 CW300 D, m I- �4- m 0 1 F.-, �� �mm C-) J* oIl" I m '0 Im pr- "0 =1 ci z-, 4 1 %s NCZ0 p 0 i m VS r'0 jI mm 0 60Z 0 00 MIX 0z. 0 0 M>> Q0 'vv -'0 CC'v19 01,LV)o V. 16jvl) rz� PROJFCT COPYRIGHT C) 2013 QUITLE & ASSOCIATES, P.C. ArrACEMEW 02 - 2MO AERIAL OVERLAY 3-kfj 71 MILE SINCE 1959 P12085 THIS DOCUMENT IS THE PROPERTY OF QUIBIE Quible — & ASSOCIATES, P.C. ALL RIGHTS ARE DRAWN BY RESERVED. ANY REPRODUCTION OF THIS OR LOTS 26 & 27 POSSESSION WITHOUT PRIOR PERMISSION OF & Associates, P.C. TAS QUIBLE & ASSOCIATES, P.C. WILL CONSTITUTE DIPMTRA LWMLI"S SUBDIWISION — VIOLATION OF COPYRIGHT LAWS. VIOLATION ENGINEERING *CONSULTING *PLANNING CHECKED BY WILL BE SUBJECT TO LEGAL ACTION FRUITVILLE TOWNSHIP CURRITUCK COUNTY ENVIRONMENTAL SCIENCES * SURVEYING WDE I S PLAIN OR PLAT IS NOT SIGNED AND NORTH CAROLINA NC License#: C-0208 SDATHEID BY A LICENSED PROFESSIONAL THEN PO Dira.., 870, Kiffy Hawk, NO 27949 THISAN OR PLOT SHALL HE CONSIDERED 0 30 60 Phone: (252) 261-3300 DATE PRELIMINARY AND NOT A CERTIFIED DOCUMENT -1260 NOT E USED FOR CONSTRUCTION] Fax: (252) 261 -26 � SALES GRAPHIC SCALE IN FEET 1-=,30 E-Mail; admin[stratorOquibfe.com 2 -13 AND DICRIIAILTABES OR LAND CONVEYANCES. North Carolina Pat McCrory Governor John Miley 744 Forest Mills Road Chesapeake, VA 23322 Dear Sir or Madam: Bork • rA WDENR Department of Environment and Division of Coastal Management Braxton C. Davis Director August 30, 2013 Natural Resources 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, r7 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: vnnv.nocoastalmanagement.net An Equal Opportunity IAtfirmaOve Action Employer ��WA NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director August 29, 2013 Mr. Richard and Wendy Hodges 151 Williams Drive Knotts Island, NC 27950 Dear Mr. and Mrs. Hodges, Natural Resources John E. Skvarla, III Secretary Thank you for your letter concerning the Coastal Area Management Act (LAMA) Major Development Permit application submitted by John Miley, in Currituck County. The Division appreciates your concerns about the proposed project. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were identified as a result of this review. Consequently, the Division has issued a Major Permit, No. 103-13 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (252) 808-2808, or by email at daniel.govoni@ncdenr.gov. Sincerely, ---Daniel M. Govoni Asst. Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557-3421 Phone: 252-808-2808 \ FAX: 252-247.3330 Internet: www.nccoastaimanaoement.net An Equal Opportunity lAffifmative Action Employer DCM Coordinator: �- 0 MAILING DISTRIBUTION SHEET Permit #: l e�? r�,3 1S DCM Field Offices Elizabeth City i (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill -Early Public Water Supply: Debra Benoy (WIRO) Joey White (WARD) Marine Fisheries: Anne Deaton Jeannie Hardy NC DOT: Ken Pace i- Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) / Washington: Anthony Scarbraugh-401 Scott Vinson-Stormwater Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn (WARO) Vacant (WIRO) LPO: Fax Distribution: Permitee Agent #:_ REBENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director August 29, 2013 Mr. Richard and Wendy Hodges 151 Williams Drive Knotts Island, NC 27950 Dear Mr. and Mrs. Hodges, John E. Skvarla, III Secretary Thank you for your letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by John Miley, in Currituck County. The Division appreciates your concerns about the proposed project. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were identified as a result of this review. Consequently, the Division has issued a Major Permit, No. 103-13 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (252) 808-2808, or by email at daniel.govoni@ncdenr.gov. Sincerely, Camel M. Govoni Asst. Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557-3421 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastaimanaoement.net An Equal Opportunity Arfirmarve Action Employer Govoni, Daniel From: Renaldi, Ronald Sent: Thursday, August 29, 2013 1:30 PM To: Huggett, Doug Cc: Govoni, Daniel Subject: John Miley Major Permit Application Doug, In regards to a Major Permit application submitted by John Miley for 153 & 155 Williams Dr. Knotts Island, Currituck County, based on the submitted site plans I feel comfortable that the proposed docking facility will not impact, restrict or be a hazard to navigation when entering or leaving an adjacent canal located on the north side of the property. Thanks, Ron Ron Renaldi Field Representative NC Division of Coastal Management Elizabeth City Office 1367 US 17 South Elizabeth City, NC 27909 Ronald.Renaldi@ncdenr.eov (252) 264-3901 ext. 232 (252)264-3723 FAX http://dcm2.enr.state.nc.us/ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. March 14, 2013 To: Mr. Ron Renaldi & Doug Hugget RE: Lot 26 & 27 John J. Miley Knott's Island, NC 27950 L) 7 MAR 9 2013-� COASiP-I "„ ELC' We strongly object to a house being built on this lot. The lots are mainly wetlands and putting a driveway next to my house will cause three other residences to flood completely out with every storm. The Proposed driveway is the main drainage for all excess water to run off. This area has water 90% of the time. Filling in the wetlands and existing boat ramp will destroy the habitat for several large birds. I strongly suggest this to be studied carefully by C.A.M.A and Wildlife resources. This property is completely underwater during any strong storm hurricane or noeeaster. Building on this lot as proposed will create a hardship on all the property owners at the end of Williams Drive. Our homes will be flooded in every storm. PLEASE SEE ATTACHED PHOTOS OF FLOODING.. Sincerely, Wendy & Richard Hodges REMVED Jl JN 0 7 2013 DC.M-yrtiD CI7y _r NOD NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director August 28, 2013 Mr. Richard and Wendy Hodges 151 Williams Drive Knotts Island, NC 27950 Dear Mr. and Mrs. Hodges, John E. Skvarla, III Secretary Thank you for your letter dated March 14, 2013 concerning the Coastal Area Management Act (LAMA) Major Development Permit application submitted by the John Miley, in Currituck County. As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you taking the time to comment on this application, and your letter will be added to the official permit application file for this project. Please feel free to contact me at (252) 808-2808 (ext. 215) or by email at daniel.govoni@ncdenr.gov, if you should have any additional concerns relating to this project. Sincerely, Daniel M. Govoni Asst. Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557-3421 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanaaement.net An Equal Opportunity i, Af rinalive Action Employer North Carolina Pat McCrory Governor Mr. John Miley 744 Forest Mills Road Chesapeake, VA 23322 Dear Sir: NCDENR Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director August 1, 2013 John E. Skvarla, III Secretary This letter is in response to your application request under the Coastal Area Management Act (CAMA) to carry out development activities adjacent to Capsies Creek at 153 and 155 Williams Drive, in Currituck County. Processing of the permit application, which was received by the Division of Coastal Management's Morehead City office on 5/22/13, is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. This item is summarized below: 1) It is the policy of this Division that, prior to taking final action on a project of this nature, a stormwater management plan for the proposed development must be approved by the Division of Energy, Mineral and Land Resources. It is our understanding that this approval has not yet been received for this project. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as a stormwater management plan for the proposed project is issued by the Division of Energy, Mineral and Land Resources, and a copy of the approval supplied to this office. You will be given five working days from date of mailing. If you can provide to this office a copy of a stormwater management permit within the required time, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not provided to this office within the specified timeframe, processing of the application will be suspended until such time as the requested information is provided. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808, or by email me at daniel.govoxii@ncdenr.net. SincerellyyA, r Daniel M. Govoniv� Asst. Major Permits Coordinator CC: Warren Eadus, Quibles & Associates, P.C. 400 Commerce Ave., Morehead City, NC 28557 3421 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmangement.net An Equal Opportunity 1 Affirmative Action Employer 77n NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director Secretary August 28, 2013 Mr. John Miley 744 Forest Mills Road Chesapeake, VA 23322 Dear Mr. Anderson: This letter is in response to your application request under the Coastal Area Management Act (CAMA) to carry out development activities in Currituck County. Processing of the permit application was placed on hold by the Morehead City office on August 1, 2013 pending further information requested by the Division of Water Quality. On August 12, 2013 we received confirmation from the Division of Energy, Mineral, and Land Resources that the requested information was received and that the project received a stormwater certification (SWG010018 on August 12, 2013). Therefore, byway of this letter we are informing you that your application is no longer on Division of Coastal Management hold and processing of the application will continue which will make the 150 day deadline October 30, 2013 however, we expect to take action prior to that time and will do so as soon as possible. If you,have any questions concerning these matters, please feel free to contact me by telephone (252-808-2808 ext. 215) or e-mail (daniel.govoni@ncdenr.gov). Sincere , Daniel M. Govoni Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557-3421 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanaoement.net An Equal Opportunity Y Affirmative Action Employer Amin,wr� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director August 28, 2013 Mr. Richard and Wendy Hodges 151 Williams Drive Knotts Island, NC 27950 Dear Mr. and Mrs. Hodges, John E. Skvarla, III Secretary Thank you for your letter dated March 14, 2013 concerning the Coastal Area Management Act (LAMA) Major Development Permit application submitted by the John Miley, in Currituck County. As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you taking the time to comment on this application, and your letter will be added to the official permit application file for this project. Please feel free to contact me at (252) 808-2808 (ext. 215) or by email at daniel.govoni@ncdenr.gov, if you should have any additional concerns relating to this project. Sincerely, )aw"' Daniel M. Govoni Asst. Major Permits Coordinator Rnatt TLorpe- DWQ - Wwshingion 400 Commerce Ave., Morehead City, NC 28557-3421 Phone: 252-808-2808 k FAX: 252-247-3330 Internet: www.nccoastaimanagement.net An Equal Oppor[unitykArfirmativeAction Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John J. Miley 2. LOCATION OF PROJECT SITE: Lots 26 & 27 addressed as 153 & 155 Williams Drive (SR 1299), within the Bertha L. Williams S/D, Knotts Island, Currituck County, adjacent to Capsies Creek. Photo Index — 2006: 199-7018 (1,J 15) 2000: 199-2375 (J 14) 1995: 199-2089 (1,J 19) 1989: 136-2 (V,W 12,13) 1984: 130-643 (L 11) 1978: 95-1458 (D 4) State Plane Coordinates - X: 2905035 Y: 1030571 Lat/Long: 36.54283330,-75.91915000 Quadrangle: Knotts Island (L.R.) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/24/2013 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 5/22/2013 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification from LUP - Limited Service and Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), Estuarine Shoreline (ES) and Coastal Wetland (CW) (C) Water Dependent: Yes (D) Intended Use: Private residential (E) Wastewater Treatment: Existing - Derelict septic systems. Planned - Onsite Advantex treatment and active wastewater drip disposal lines. (F) Type of Structures: Existing - Derelict septic and light pole. Planned - Bulkheading, breakwater, pier, platform, boathouse, tie -pilings, single family dwelling, innovative wastewater treatment system. (G) Estimated Annual Rate of Erosion: None BECEWW Source - Applicant JUN 0 7 2013 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] DREDGED FILLED OTHER (A) Vegetated Wetlands -404 wetlands ±3,904 sf -Coastal Wetland AEC ±72 sf (B) Shallow Bottom PTA, EW AEC's ±1,840 sf ±652 sf shaded Estuarine Shoreline AEC ±10,773 sf disturbed (C) Upland Area ±4,475 sf disturbed 4 John J. Miley Field Investigation Report Page 2 (D) (E) (F) Total Area Disturbed: ±21,716 sf (0.5 acres) Primary Nursery Area: No Water Classification: SC Open to Shellfishing: No 8. PROJECT SUMMARY: The applicant proposes to construct bulkheading on portions of a natural shoreline, fill a man-made basin, construct a section of breakwater, place fill material within USACE delineated 404-wetlands, construct a single family dwelling with a gravel driveway, install an innovative wastewater treatment system, and construct a docking facility. Project Setting The site of the proposed development is located at two vacant Lots (26 & 27) addressed as 153 & 155 Williams Drive (SR 1299), within the Bertha L. Williams S/D, Knotts Island, Currituck County. The site is adjacent to a canal that connects to Capsies Creek as well as Capsies Creek itself. The property (Lots 26 & 27) is ±23,309 sf (±0.54 acres) in size and has elevations that range from ±1' to ±3' above normal water level (NWL). The property is currently vacant and has been for several years, but has historically been developed to include a mobile home trailer on each Lot. Remnant man-made features on the property include a light pole, a power line pole and remnant septic systems. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of Newhan fine sand (NeC). Vegetation includes yard grasses, a loblolly pine, certified USACE 404 wetlands and coastal wetlands. Lot 26 contains a ±3,323 sf section of 404 wetland and Lot 27 contains a ±582 sf section that is immediately adjacent to a ±4,150 sf section of coastal wetlands located landward of NWL within the southeast area of the Lot. Vegetation within the coastal wetland area consists of salt meadow hay (Spartina patens) and giant cordgrass (Spartina cynosuroides). The shoreline of the site is ±325' in length. An irregularly shaped ±45'x32' shallow man-made basin that has an average water depth of -2' exists within the northwest portion of the property adjacent to the canal. Approximately 45' of the shoreline has been hardened with remnant cinderblock riprap that begins at the western property line and ends along the basins shoreline. The remaining shoreline is natural and has an erosion escarpment at NWL that ranges from T to 1.5' in height above NWL. Non -coastal wetland vegetation is growing along the shoreline within the basin and extends from the riprap around to the eastern side of the basin mouth where it then transitions to a patch of black needlerush (Juncus reomerianus) located waterward of NWL. The remaining shoreline within the canal and Capsies Creek contains isolated patches of emergent non -coastal and coastal wetland vegetation consisting of black needlerush and bulrush (Scirpus spp.) growing waterward of NWL. The adjacent riparian property to the west contains a single-family dwelling with a bulkheaded basin and shoreline. The adjacq[A ffI*an property to the south is undeveloped with the majority of the property being coastal and non -coastal wetlands. JUN072013 DCM-MHD CITY t John J. Miley Field Investigation Report Page 3 The waters of Capsies Creek are classified as SC by the Environmental Management Commission and are closed to shellfish taking. Water depths within the project area range from 0.5' to T below NWL and the bottom substrate is made up of gravel, fine sands and silt. The canal width at the site is ±50' and the width of Capsies Creek is ±1,100'. Submerged Aquatic Vegetation (SAV) is present within the waters adjacent to the applicant's property. SAV s identified include, but are not limited to, water-milfoil (Myriophyllury spi "and widgeon grass (Ruppia maritime). Development Proposal JUN 0 7 2013 In order to facilitate in the construction of a single-family dwelling and)11. bV&wastewater treatment system on the property, the applicant proposes to fill the existing man-made basin through the construction of ±68' of bulkheading across the mouth of the basin and backfilling it. This proposed bulkhead alignment will average 26' waterward of NWL with a maximum distance of ±47'. Water depths within the basin range from 0' at the shoreline to -2' at the mouth. This alignment will result in the filling of ±32 sf of coastal wetlands. A second section of bulkheading will be installed within the northeast portion of the site at the mouth of the canal. This proposed bulkhead section will be ±83' in length and the alignment will average 4.9' waterward of NWL with a maximum distance of ±8'. Water depths within the backfill area average -0.5'. This alignment will result in the filling of ±40 sf of coastal wetlands. SAV's were not observed growing within the backfill areas. Backfill will be clean sand from an offsite supplier. The applicant indicated that there has been no shoreline erosion within the last 12 months; however, an erosion escarpment does exist and it appears that there has been erosion during that time period. In order to stabilize the remaining shoreline adjacent to the canal, the applicant proposes to construct ±84' of breakwater comprised of vinyl sheeting between the two sections of bulkheading waterward of wetland vegetation. The breakwater alignment will average 5.7' waterward of NWL with a maximum distance of 10'. The breakwater is designed to have an elevation of 2' above NWL with 2" x 3' long slot cut into the front of each flange. After the basin has been backfilled, a single-family dwelling with a building footprint of ±2,000 sf, gravel driveway and innovative wastewater treatment system will be constructed >_35.5' from NWL. This proposed residential development will require the filling of two separate areas of delineated USACE 404 wetlands. The first area is ±3,322.6 sf in size and the second area is ±582.2 sf in size for a total of ±3,904.8 sf of USACE 404 wetlands fill. A total of ±1,368 sf (±8.2%) of impervious coverage is proposed within the 75' Estuarine Shoreline Area of Environmental Concern (AEC) based on the proposed bulkhead alignments. The total proposed impervious coverage on the property is ±3,369 sf (±13.4%). Total disturbance landward of the existing NWL is ±19,152 sf with no disturbance proposed within the 4,150 sf section of coastal wetlands located landward of NWL within the southeast area of the property. A docking facility is proposed off of the northeast section of bulkhead within Capsies Creek that will consist of a 42'x6' pier and a 20'x20' platform that is L-shaped to the south. Two tie -pilings will be located on the east side of the platform to create a 20'x12' slip and a 20'xl 2'boatlift will be installed on the south side of the platform for a total of two slips. Water depths within the proposed slips range between -2.0' and -3.0' below NWL with SAV's present. The docking facility will be >_15' from the property lines extended and meets the % width rule. John J. Miley Field Investigation Report Page 4 Anticipated Impacts • The construction of the bulkhead along the proposed alignments will result in the filling of ±1,840 sf of PTA and EW AEC's with clean fill from an upland source (±119 cubic yards of fill material below NWL). • Bulkhead installation, backfill and grading will result in ±72 sf of fill placed within a CW AEC. • Bulkhead installation may result in the additional loss of emergent coastal wetlands immediately waterward of the alignment due to disturbances to the root mat system. • Construction of a single-family dwelling, driveway and wastewater treatment system will result in the filling of ±3,904 sf of USACE 404 wetlands. • It is anticipated that the filling of the USACE 404 wetland area adjacent to the coastal wetland area will result in fill material eroding into the coastal wetland area unless proper sedimentation and erosion control measures are implemented. • Based on the proposed bulkhead alignments, it is anticipated that the proposed development will result in ±10,773 sf of non -wetland land disturbance within the ES AEC. • Based on the proposed bulkhead alignments, the construction of the single-family dwelling and driveway will result in ±1,368 sf (±8.2%) of impervious surface within the ES AEC. • Based on the proposed bulkhead alignments, the total impervious surface on the site will be ±3,369 sf (±13.4%). • The proposed docking facility will result in two slips in waters >_2' in depth and the permanent shading of ±652 sf of PTA and EW AECs. • The proposed breakwater will encapsulate ±479 sf of PTA and EW AECs. Submitted by: Ron Renaldi Date: May 23, 2013 JUN 0 7 2013 DCM MHD CrrY i DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: John Miley County: Currituck LOCATION OF PROJECT: 153 & 155 Williams Drive, Lots 26 & 27, Bertha L. Williams S/D, Knotts Island DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 05/22/13 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi DI CT OFFICE: Elizabeth Ciri DISTRICT MANAGER REVIEW: o Date: [o B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: 00 60/40% PUBLIC NOTICE REC'D: Advertise: 06/06/13 END OF NOTICE DATE: Comments due: 06/26/13 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: Ga ,io ON: �17113 C) 75 DAY DEADLINE: 08/05/13 / MAIL OUT DATE: Circulation: (o! y//3 150 DAY DEADLINE: STATE DUE DATE: Comments due: Co%//7 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative - Z CP (°OA,t, Coastal Management- LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) ✓ U/P State Property Office 0 - I -I t/ Division of Archives & History Division of Environmental Health ( � - I I Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Cg -2�:jJ 77 N 13 Corps of Engineers Project Name To n Assigned to lra-v"n 11 Assigned on 617�t2 Prepare for signature following review by'other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other o / / CACCess -J& 7Le Conti ( Written approval from DWQ is s not required for this project. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STATE STORMWATER MANAGEMENT GENERAL PERMIT NO. SWG010000 CERTIFICATE OF COVERAGE NO. SWG010018 CONSTRUCT, OPERATE AND MAINTAIN IMPERVIOUS AREAS ASSOCIATED WITH A SINGLE FAMILY RESIDENCE In compliance with the provisions of North Carolina General Statute 143-215.1, as amended, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and 15A NCAC 2H.1000, the Stormwater rules, John J. Miley is hereby authorized to construct, operate and maintain impervious areas associated with the construction of a single family residence and the associated stormwater runoff located at Miley Residence 153 Williams Drive Knotts Island Currituck.County to receiving waters designated as Capsies Creek, class SC waters in the Pasquotank River Basin, in accordance with the provisions of the General Permit for Single Family Residences, No. SWG010000, and the approved stormwater management plans and specifications and other supportinfl data as attached and on file with and approved by the Division R Energy, Mineral, and Land Resources, and considered a part of this permit for the subject project. This Certificate of Coverage shall become effective August 12, 2013. Sign ���y o � yst, 2013. /% for Tracy E. Davis, PE, CPM, Director Division of Energy, Mineral, and Land Resources By Authority of the Environmental Management Commission NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPIM Pat McCrory, Governor Director John E. Skvada, III, Secretary August 12, 2013 Mr. John J. Miley 744 Forest Hills -Road Chesapeake, VA 23322 Subject: Stormwater Permit No. SWG010018 Miley Residence General Permit -Single Family Residence Currituck County i 1 Dear Mr. Miley: in accordance with your application to be covered under the State Stormwater General Permit for Single Famity Residences, received on July 10 2013, we are forwarding herewith the subject Certificate of Coverage Number SW�010018 to construct, operate and maintain impervious areas associated with a single family residence under the subject General Permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1, Title 15A NCAC 2H .1000, S.L. 2006-246, and S.L. 2008-211 of the stormwater management rules. Please take notice that this Certificate of Coverage is not transferable except after notice to the Division of Energy, Mineral, and Land Resources (DEMLR). The DEMLR may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Resources, the Division of Land Resources, Coastal Area Management Act, or any other Federal, State, or Local agency, law, rule, or ordinance. If you need a copy of the General Permit, or have any questions concerning this permit, or need additional information this matter, please contact Samir Dumpor at (252) 946- 6481. T zw' j � Patrick H. McClain, 155 Regional Engineer PHM/sd G:1SD\General Permits\SWG010018 cc: Currituck County Building Inspections / Planning Department Derek Dail, P.E., Quible & Associates, P.C. Division of Coastal Management -Washington Regional Office Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-6481 / FAX: 252-976-3716 Internet http:llwww.portal.ncdenr.orglwebllrlland-quality An Equal Opportunity / AtFrmabs Action Employer-50%Recydedlla% Post consumer Paper Govoni, Daniel From: Pelletier, Josh R SAW [Josh.R.Pelletier@usace.army.mil] Sent: Monday, August 05, 2013 9:45 AM To: Govoni, Daniel Subject: Miley Attachments: Miley CL 30 MOA.docx Daniel, In reference to the permit application for John Miley, we sent a MOA letter to him dated June 11, 2013 in which we have not received any further correspondence. I have attached the letter and please let me know if you have any questions. If I have missed any additional information please let me know. Until we receive the additional information, we cannot process this permit. Thanks! Josh R. Pelletier Regulatory Specialist United States Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 (910) 251-4605 1 Govoni, Daniel From: Pelletier, Josh R SAW [Josh. R. Pelletier@usace.army. mill Sent: Tuesday, August 27, 2013 11:12 AM To: Govoni, Daniel Subject: Miley Daniel, 2 am working on getting the CL 31 to you today. There will be a special condition in there referencing our mitigation requirements. Just wanted to let you know. The actual mitigation form itself will go out with our CL 32 to the applicant after your permit is issued. Let me know if you have any questions! Josh R. Pelletier Project Manager United States Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 (910) 251-4605 1 Govoni, Daniel From: Pelletier, Josh R SAW [Josh.R.Pelletier@usace.army.mill Sent: Tuesday, August 27, 2013 11:51 AM To: Govoni, Daniel Subject: SAW 2013-01071 Attachments: John Miley CL 31.docx; Mitigation Responsibility Transfer Form.docx—Miley.pdf Mr. Huggett, The U.S. Army Corps of Engineers, Wilmington District has authorized John Miley for Department of the Army authorization to place fill in approximately 3,904 square feet of wetlands and 1,534 square feet of a man made basin, construct a 151 linear foot bulkhead, a 84 foot freestanding breakwater, a 34' linear foot wooden dock, and a boat lift, 153 & 155, Williams Drive, adjacent to Capsies Creek, on Knotts Island, Currituck County, North Carolina. This authorization was issued via Programmatic General Permit 198000291 CAMA (NC Coastal Area Management Act). All term's and conditions of this permit apply. Please attached the following condition in any issued permit. All work authorized by this permit must preformed in strict compliance with the attached plans, which are a.part of this permit. Any modification of these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. A U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form has been attached for your records. If you have any questions or concerns please let me know! Josh R. Pelletier Project Manager United States Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 (910) 251-4605 1 August 27, 2013 Regulatory Division Action ID No. SAW 2013-01071 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of John Miley for Department of the Army authorization to place fill in approximately 3,904 square feet of wetlands and 1,534 square feet of a man made basin, construct a 151 linear foot bulkhead, a 84 foot free standing breakwater, a 34 linear foot wooden dock, and a boat lift, 153 & 155, Williams Drive, adjacent to Capsies Creek, on Knotts Island, Currituck County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 3. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 4. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 6. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 7. The authorized structure and associated activity must.not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 8. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 9. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated, as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Washington Field Office North Carolina Division of Coastal Management AURA �U 10 R North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. John Miley 744 Forest Mills Road Chesapeake, VA 23322 Dear Mr. Miley Division of Water Quality Thomas A. Reeder Acting Director June 25, 2013 John E. Skvarla, III Secretary Subject: REQUEST FORSTORMWATER MANAGEMENT PERMIT APPLICATION Stormwater Project No. SW7130604 Miley Residence Currituck County This office received a copy of your CAMA Major permit application and plans for the subject project on June 7, 2013. North Carolina Administrative Code 15 NCAC 2H.1000 & NC Session Law 2008-211 requires that any project which must receive either a Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit and/or proposes 10,000 square feet or more of non-residential impervious area apply for and receive a Stormwater Management Permit by the Division of Water Quality. To obtain a Stormwater Permit you must submit a completed application, application fee of $505.00, two sets of plans and specifications showing the proposed project and all stormwater treatment units along with engineering calculations and a narrative description. For additional information see: http://portal.ncdenr.org/web/wq/ws/su/statesw/forms dots This application package should be received by this office prior to July 26, 2013. If an application package is not received by this date we will consider the project incomplete. We also have an Express Permitting program. If you are interested in this program you may contact Ms. Lyn Hardison, One Stop Permit Coordinator, at 252-948-3842. Please be reminded that no new impervious area shall be placed closer than 50' from the surface waters (per Session Law 2008-211). Any development of the site prior to receipt of the required permit will constitute a violation of 15A NCAC 2H.1000, North Carolina Session Law 2008-211 and North Carolina General Statute 143-215.1 and may result in appropriate enforcement action including a civil penalty assessment of up to'$10,000 per day per violation. Please reference the Stormwater Project Number above on all correspondence. If you have questions, please feel free to contact me at (252) 948-3959. Sincerely, Samir Dumpor Environmental Engineer Surface Water Protection Section cc: Currituck County Planning/Inspections Warren Eadus, Quible & Associates, P.C. ✓DCM — Doug Huggett Washington Regional Office North Carolina Division of Water Quality Internet vmnv.n=atelquallty.org One 943 Washington Square Mall Phone; 252-946-64611 FAX: 252-946-9215 NorthCarolma Washington, NC 27889 FAX: 252-946-9215 �% An Equal OppoAunityl Atfunative Atom Employer (� ww"aLiy A 1Milk North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor June 4, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director Tiffany Sanders, Local Permit Officer Currituck County Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review John Miley John E. Skvarla, III Secretary RECEIVED JUN 2 0 2013 DCM MUD CITY 153 & 155 Williams Drive, Bertha L. Williams S/D, Knotts Island Bulkhead, breakwater, single-family dwelling, docking facility, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 06/25/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNS DATE � ti 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-260723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer 11 I I N 3 w:\ev iz\r Iwaowrawings\r l[Uoo-aAx.awg o/zz/ZUIJ ll= AM I=kely Ap ...: . w A 7� N F R16HARD L. HOD5E5 IIl t PEW), M. HOD5E5 O LOT 25 �a , k BERTHA L. W/LL/AM5 SLBDIVISION / c� PIN: 075A0000025Q" j p Cu N 07. 20' 00' E / ' 1 Lsoa� - Mh4' A b L� 1 i 10 $ �'Innnnlli I,T _ ` Wv WX wtj it v r 11 r-O CPON� 1 n� A W0 A� Q� Np an cm .;' moo rm �e 10 "LD Al M 'zm�m D S �6 A vom D DomDr. 1 I myD �I 1 j �zR> i I 1nD zm � N j 1•. zmlD zv <:: my N0X y 04 \\ �. v im$ mn O ,off oA ��::; I �xo 13A, �z1 ewe DDO VirD V El LyC!3 \ m r ~ m e ``K �, F m ------ II I I I, n 2m r=0 N r `r � I� . of I I zm� rn I s� l �I IIIi II/ p 'Iom A I I j C CEO }yy} ,y0 =C2 i ot� voA m N p o. vo � �� mD �• Nv o �o � ry AA yr. �X0 N zmX (�mo0 T OOZ NyD OONN p�` VI") Dom 'N01 53�r Z ER w PROJECT COPYRIGHT © 2013 ATTACHMENT N2 - 2MO AERIAL OVERLAY OUIBLE k ASSOCIATES, P.C. P12085 THIS DOCUMENT IS THE PROPERTY OF OUIBLE J a` • M ` uible SINCE 1959 & ASSOCIATES, P.C. ALL RIGHTS ARE L D- "1 DRAWN BY RESERVED. ANY REPRODUCTION OF THIS OR LOTS 26 & L ^, �q��E.n'.T� p(, p� POSSESSION WITHOUT PRIOR PERMISSION OF N^ associates, 1 .�. TAS GUIBLE b: ASSOCIATES. P.C. WILL CONSTITUTE BBRTH A I.. WMZ r"S SUBDIVISION D VIOLATION OF COPYRIGHT LAWS. VIOLATION rcrJ ENGINEERING * CONSULTING * PLANNING CHECKED BY WILL BE SUBJECT TO EGA ACTION FRUINILLE TOWNSHIP CURRITUCK COUNTY PLI �A ENVIRONMENTAL SCIENCES * SURVEYING WDE IF THIS PUN OR PLAT IS NOT SIGNED AND NORTH CAROLINA NC Licensee: C-0208 SEALED BY A LICENSED PROFESSIONAL THEN PO Drawer 870, KINy Hawk, NC 27949 THIS PLAN OR PUT SHALL BE CONSIDERED 0 30 60 Phone: 252 261 -3300 DATE THIS AND NOT A CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, Fox: (252) 261-1260 2-26-13 RECORDATION, SALES OR LAND CONVEYANCES. GRAPHIC SCALE IN FEET 1"=30 E-Ma1I: adminlslrafor0quible.com F'll NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder Governor Director June 18, 2013 MEMORANDUM: To: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: David Tuten, Environmental Engineer, PWSS/WaRO Subject: CAMA/DREDGE & Fill Permit Application Review Applicant: John Miley Project Location: 153 and 155 Williams Drive, Bertha L. Williams S/D, Knotts Island Proposed Project: Bulkhead, breakwater, single-family dwelling, docking facility, fill REPLY: X This office has no objection to the project as proposed. This office has no comment on the proposed project. John E. Skvarla III Secretary This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Comments: Proposed project should not impact any portable water sources. SIGNED l /.►,���� Public Water Supply Section — Jessica C. Godreau, P.E., BCEE, Chief Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-94HO401Internet: www,ncwatenorg/pws/ An Equal opportunity 1 Affirmative Action Employer DATE A8/13 RECEIVED JUN 2 0 2013 DCM-WMCffY l DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John J. Miley 2. LOCATION OF PROJECT SITE: Lots 26 & 27 addressed as 153 & 155 Williams Drive (SR 1299), within the Bertha L. Williams S/D, Knotts Island, Currituck County, adjacent to Capsies Creek. Photo Index — 2006: 199-7018 (1,J 15) 2000: 199-2375 (J 14) 1995: 199-2089 (1,J 19) 1989: 136-2 (V,W 12,13) 1984: 130-643 (L 11) 1978: 95-1458 (D 4) State Plane Coordinates - X: 2905035 Y: 1030571 Lat/Long: 36.54283330,-75.91915000 Quadrangle: Knotts Island (L.R.) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/24/2013 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 5/22/2013 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification from LUP - Limited Service and Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), Estuarine Shoreline (ES) and Coastal Wetland (CW) (C) Water Dependent: Yes (D) Intended Use: Private residential (E) Wastewater Treatment: Existing - Derelict septic systems. Planned - Onsite Advantex treatment and active wastewater drip disposal lines. (F) Type of Structures: Existing - Derelict septic and light pole. Planned - Bulkheading, breakwater, pier, platform, boathouse, tie -pilings, single family dwelling, innovative wastewater treatment system. (G) Estimated Annual Rate of Erosion: None RECEIVED Source - Applicant 7. HABITAT DESCRIPTION: [AREA, square feet (SF)j JUN 2 0 2013 DREDGED FILLED OTHER (A) Vegetated Wetlands DcM-mllmcrry -404 wetlands ±3,904 sf -Coastal Wetland AEC ±72 sf (B) Shallow Bottom PTA, EW AEC's ±1,840 sf ±652 sf shaded Estuarine Shoreline AEC +10,773 sf disturbed (C) Upland Area ±4,475 sf disturbed John J. Miley Field Investigation Report Page 2 (D) (E) (F) Total Area Disturbed: ±21,716 sf (0.5 acres) Primary Nursery Area: No Water Classification: SC Open to Shellfishing: No 8. PROJECT SUMMARY: The applicant proposes to construct bulkheading on portions of a natural shoreline, fill a man-made basin, construct a section of breakwater, place fill material within USACE delineated 404-wetlands, construct a single family dwelling with a gravel driveway, install an innovative wastewater treatment system, and construct a docking facility. Proiect Setting The site of the proposed development is located at two vacant Lots (26 & 27) addressed as 153 & 155 Williams Drive (SR 1299), within the Bertha L. Williams S/D, Knotts Island, Currituck County. The site is adjacent to a canal that connects to Capsies Creek as well as Capsies Creek itself. The property (Lots 26 & 27) is ±23,309 sf (±0.54 acres) in size and has elevations that range from ±1' to ±3' above normal water level (NWL). The property is currently vacant and has been for several years, but has historically been developed to include a mobile home trailer on each Lot. Remnant man-made features on the property include a light pole, a power line pole and remnant septic systems. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of Newhan fine sand (NeC). Vegetation includes yard grasses, a loblolly pine, certified USACE 404 wetlands and coastal wetlands. Lot 26 contains a ±3,323 sf section of 404 wetland and Lot 27 contains a ±582 sf section that is immediately adjacent to a ±4,150 sf section of coastal wetlands located landward of NWL within the southeast area of the Lot. Vegetation within the coastal wetland area consists of salt meadow hay (Spartina patens) and giant cordgrass (Spartina cynosuroides). The shoreline of the site is ±325' in length. An irregularly shaped ±45'x32' shallow man-made basin that has an average water depth of -2' exists within the northwest portion of the property adjacent to the canal. Approximately 45' of the shoreline has been hardened with remnant cinderblock riprap that begins at the western property line and ends along the basins shoreline. The remaining shoreline is natural and has an erosion escarpment at NWL that ranges from 1' to 1.5' in height above NWL. Non -coastal wetland vegetation is growing along the shoreline within the basin and extends from the riprap around to the eastern side of the basin mouth where it then transitions to a patch of black needlerush (Juncus reomerianus) located waterward of NWL. The remaining shoreline within the canal and Capsies Creek contains isolated patches of emergent non -coastal and coastal wetland vegetation consisting of black needlerush and bulrush (Scirpus spp.) growing waterward of NWL. The adjacent riparian property to the west contains a single-family dwelling with a bulkheaded basin and shoreline. The adjacent riparian property to the south is undeveloped with the majority of the property being coastal and non -coastal wetlands. RECEIVED JUN 2 0 2013 DCR.WRI)CITY f John J. Miley Field Investigation Report Page 3 The waters of Capsies Creek are classified as SC by the Environmental Management Commission and are closed to shellfish taking. Water depths within the project area range from 0.5' to 3' below NWL and the bottom substrate is made up of gravel, fine sands and silt. The canal width at the site is ±50' and the width of Capsies Creek is ±1,100'. Submerged Aquatic Vegetation (SAV) is present within the waters adjacent to the applicant's property. SAV s identified include, but are not limited to, water-milfoil (Myriophyllum spicatum)p MaRRIgeon grass (Ruppia maritime). JUN 2 0 2013 Development Proposal In order to facilitate in the construction of a single-family dwelling and innovatwastcewater treatment system on the property, the applicant proposes to fill the existing man-made basin through the construction of ±68' of bulkheading across the mouth of the basin and backfilling it. This proposed bulkhead alignment will average 26' waterward of NWL with a maximum distance of ±47'. Water depths within the basin range from 0' at the shoreline to -2' at the mouth. This alignment will result in the filling of ±32 sf of coastal wetlands. A second section of bulkheading will be installed within the northeast portion of the site at the mouth of the canal. This proposed bulkhead section will be ±83' in length and the alignment will average 4.9' waterward of NWL with a maximum distance of ±8'. Water depths within the backfill area average -0.5'. This alignment will result in the filling of ±40 sf of coastal wetlands. SAV's were not observed growing within the backfill areas. Backfill will be clean sand from an offsite supplier. The applicant indicated that there has been no shoreline erosion within the last 12 months; however, an erosion escarpment does exist and it appears that there has been erosion during that time period. In order to stabilize the remaining shoreline adjacent to the canal, the applicant proposes to construct ±84' of breakwater comprised of vinyl sheeting between the two sections of bulkheading waterward of wetland vegetation. The breakwater alignment will average 5.7' waterward of NWL with a maximum distance of 10'. The breakwater is designed to have an elevation of 2' above NWL with 2" x 3' long slot cut into the front of each flange. After the basin has been backfilled, a single-family dwelling with a building footprint of ±2,000 sf, gravel driveway and innovative wastewater treatment system will be constructed >_35.5' from NWL. This proposed residential development will require the filling of two separate areas of delineated USACE 404 wetlands. The first area is ±3,322.6 sf in size and the second area is ±582.2 sf in size for a total of ±3,904.8 sf of USACE 404 wetlands fill. A total of ±1,368 sf (±8.2%) of impervious coverage is proposed within the 75' Estuarine Shoreline Area of Environmental Concern (AEC) based on the proposed bulkhead alignments. The total proposed impervious coverage on the property is ±3,369 sf (±13.4%). Total disturbance landward of the existing NWL is ±19,152 sf with no disturbance proposed within the 4,150 sf section of coastal wetlands located landward of NWL within the southeast area of the property. A docking facility is proposed off of the northeast section of bulkhead within Capsies Creek that will consist of a 42'x6' pier and a 20'x20' platform that is L-shaped to the south. Two tie -pilings will be located on the east side of the platform to create a 20'xl2' slip and a 20'xl2' boatlift will be installed on the south side of the platform for a total of two slips. Water depths within the proposed slips range between -2.0' and -3.0' below NWL with SAV's present. The docking facility will be >_15' from the property lines extended and meets the % width rule. John J. Miley Field Investigation Report Page 4 Anticipated Impacts • The construction of the bulkhead along the proposed alignments will result in the filling of ±1,840 sf of PTA and EW AEC's with clean fill from an upland source (±119 cubic yards of fill material below NWL). Bulkhead installation, backfill and grading will result in ±72 sf of fill placed within a CW AEC. • Bulkhead installation may result in the additional loss of emergent coastal wetlands immediately waterward of the alignment due to disturbances to the root mat system. • Construction of a single-family dwelling, driveway and wastewater treatment system will result in the filling of ±3,904 sf of USACE 404 wetlands. • It is anticipated that the filling of the USACE 404 wetland area adjacent to the coastal wetland area will result in fill material eroding into the coastal wetland area unless proper sedimentation and erosion control measures are implemented. • Based on the proposed bulkhead alignments, it is anticipated that the proposed development will result in ±10,773 sf of non -wetland land disturbance within the ES AEC. • Based on the proposed bulkhead alignments, the construction of the single-family dwelling and driveway will result in ±1,368 sf (±8.2%) of impervious surface within the ES AEC. • Based on the proposed bulkhead alignments, the total impervious surface on the site will be ±3,369 sf (±13.4%). • The proposed docking facility will result in two slips in waters >_2' in depth and the permanent shading of ±652 sf of PTA and EW AECs. • The proposed breakwater will encapsulate ±479 sf of PTA and EW AECs. Submitted by: Ron Renaldi Date: May 23, 2013 gIECEMI) JUN 2 0 2013 VrM .MlfncITY Lot 26 and Lot 27 Bertha L. Williams Subdivision John J. Miley Residential Site Plan CAMA Major Permit Application Revision 04/09/13 per NC DCM Comments 03/18/13 PROJECT DESCRIPTION IAPR 18 2013 Site Location The site is two properties that are approximately 0.53 acres located in the Bertha L. Williams Subdivision along a man-made canal and Capsies Creek ("SC" waters of Currituck Sound) on Knotts Island. The lots are accessed via Williams Drive (NCSR 1120) and are roughly centered on latitude 36.5426490°N and longitude 75.9188178°W (Figure 1-Relevant Portion of USGS Topographic Quadrangle-Knotts Island). The Bertha L. Williams Subdivision on Knott's Island was platted in the early 1960's. Existing Development Based on a review of historic aerial photography, both lots were formerly developed with a mobile home and associated infrastructure on each respective lot. One of the mobile homes apparently burned and the other was moved. Two concrete septic tanks and some utility and light poles remain. Otherwise, the lots are vacant. Historic aerial photography of the site has been included as Attachment 1. Recent aerial photography (2011) with the site plan overlain has been included as Attachment 2. Issued Permits and Permitting History Other than septic approvals, and recent Albemarle Regional Health Services (ARHS) site evaluations, there are no known permits issued for this property. Areas of United States Army Corps of Engineers (USACE) and North Carolina Department of Environment and Natural Resources (NCDENR) Division of Coastal Management (DCM) wetlands jurisdiction have been delineated and are presented on the attached Figure 2- Wetlands Plat. Proposed Work The applicant proposes to stabilize the shoreline of the property through a combination of 151 linear feet (If) of bulkheads and 84 If of breakwaters as shown on the attached Figure 3-CAMA Major Site Plan. The applicant proposes to construct a 2,000 square feet (sf) footprint three bedroom home and all required infrastructure as shown on the attached Figure 3. The proposed residential development will require the fill of 3,904.8 sf of USACE Jurisdictional Wetlands, 1840.3 sf of bulkhead backfill and 1,534 sf of existing boat basin (includes bulkhead backfilling in that location). The fill is required to provide appropriate septic setbacks for an innovative wastewater treatment system. The Applicant proposes to construct a six feet by 34 feet wooden pier with 400 sf of open decking and two formalized boat slips each measuring 12 feet by 20 feet. One slip will include a boat lift * RSe{fesf� as shown on the attached Figure 3. per /a/i3 C.S1 "IL Proposed development will create 1,368.4 sf of impervious surfaces within the 75 feet Area of Environmental Concern (AEC) resulting in %,A'percent impervious surface coverage within the AEC. There is no proposed coverage within the 30 feet Vegetated Buffer. RAa JUN 2 0 2013 DC. *f_cM Crrr Stormwater Management There are no proposed discharges to any "Waters of the State". Currituck County stormwater considerations may be required and will be addressed appropriately. Soil Erosion and Sedimentation Control The proposed development does not require a formal Soil Erosion or Sedimentation Control Plan. However, silt fencing will be placed along the coastal wetlands line prior to any authorized land disturbance. A Currituck County Disturbance Permit will be required prior to any development. Water and Sewer Development of the property will involve installation of an advanced on -site septic system permitted through ARHS. A private on site well will be installed in accordance with the 2C Well Construction Standards. r-L APR 18 2013 30 20 2013 APPLICATION for I I APR 1 8 2013 i � ° Major Development Permit --- (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner lnforma lion Business Name Project Name (if applicable) Lot 26 and Lot 27 Bertha Williams Subdivision Applicant l: First Name MI - Last Name John J Miley Applicant 2: First Name MI Last Name IF additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 744 Forest Mills Road Chesapeake VA ZIP Country Phone No. FAX No. 23322 ext. Street Address (if different from above) City State ZIP Same as above. Email jmiley55@yahoo.com 2. Agent/Contractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Warren D Eadus Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State PO Drawer 870 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 3300 ext. ext. FAX No. Contractor # 252 261 1260 Street Address (if different from above) City State ZIP 8 Juniper Trail Southern Shores NC 27949 - Email weadus@quible.com <Form continues on back> .LL Ux Y LL JUN 2 0 2013 - ,: DC%MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit APR 18 2013 I 3. Project Location County (can be multiple) Street Address -_ - - State Rd. # Currituck _ 153 Willams Drive w 1299 Subdivision Name City State Zip Bertha L. Williams Subdivision Knotts Island NC 27950 - Phone No. Lot No.(s) (if many, attach additional page with ftt) ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Capsies Creek (Currituck 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 Currituck 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. Currituck County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 292 (Two parcels) 25,371 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 'Lot 26 (0.25 acres), Lot 27 (0.28 acres), NW L (normal water level) (If many lot saes, please attach additional page with a llst) 3 ❑NHW or®NWL e. Vegetation on tract Maintained grasses and wetlands consisting of Salix nigra and S. patens along with C. jamaicens. f. Man-made features and uses now on tract Septic tanks and light poles. g. Identify and describe the existing land uses admacen to the proposed project site. Residential h. How does local govemment zone the tract? I. Is the proposed project consistent with the applicable zoning? Agricultural (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 ❑N9_CE National Register listed or eligible property? a RE M <Form continues on next page> JUN 2 0 2013 252808-2808 4-883aCti-,. s ,. Form DCM MP-1 (Page 3 of 4) APPLICATION for 8 2013 Major Development Permit m. (i) Are there wetlands on the site? -- ®Yes ❑No (if) Are there coastal wetlands on the site?==----"""- ®Yes ❑No (ill) 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. Derelict conventional septic tanks and drainfields. Site is currently undeveloped but was developed residential as recently as 2007. o. Describe existing drinking water supply source. On site groundwater well (new well to be installed). p. Describe existing storm water management or treatment systems. NIA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Commundy, b. Give a brief description of purpose, use, and daily operations of the project when complete. Private residence. 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. Conventional equipment will be used to construct the residence, install bulkhead and build pier etc... d. List all development activities you propose. Construction of 160 linear feet of bulkhead, 150 linear feet of free standing breakwater, fill of 3,904.8 sf USACE Section 404 Wetlands, fill of man made boat basin (1,534 sf), construction of 2,000 sf (footprint) residential structure and all required infrastructure as shown on attached plats. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 11,500 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No discharges to waters of the state existing or proposed. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? Dyes ❑No ®NA j. Is there any mitigation proposed? ®Yes ❑No DNA If yes, attach a mitigation proposal. RECEIM <Form continues on back> JUN 2 0 2013 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, H applicable, must be submitted in order for the application package to be complete. Rems (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. - d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Richard L. Hodges III and Wendy M. Hodges Phone No. Address 151 Williams Drive Knotts Island, NC 27950 Name Jo Ann M. Little and Judy M. Little Phone No. Address 1845 N Alanton Dr Virginia Beach, VA 23454 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 form, if applicable. I. Wetland delineation, if necessary. I. 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only th The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date r�1S(Zot3 Print Name 1A) 014" r-r Signature APR 18 2013 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Ril Information ❑DCM MP-5 Bridges and Culverts---- , -' ®DCM MP-3 Upland Development iEECEIVEb _ ®DCM MP-4 Structures Information — JUN 2 0 2013 q,_ arcs t-s«y ,a,,F3ea Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) APR 1 8 2013 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 Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 46 Width 32 Avg. Existing -2.0 NA NA Depth Final Project +3.0 NA NA Depth 11. EXCAVATION ® This section not applicable a. Amount of material to be excavated from below NHW or 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 (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑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 b. Type of material to be excavated. d. High -ground excavation in cubic yards. b. area. ®This section not applicable d. (i) Will a dis oral area be available for future maintenance? ❑Yes UNo ❑NA III) If yes, where? e. (I) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes []No ❑NA or other wetlands (W L)? If any boxes are checked, provide the (ii) If yes, how much water area is affected? number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None (ii) Describe the purpose of disposal in these areas: RECEIVED JUN 2 0 Z013 'sa? 8Qfi 2MG:i . 3 13;;..4RCO;ASi Form DCM M112-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: Breakwater 4 Uk BulkheadIfISO RAR 5-3-1? WBulkhead LlRiprap ®Breakwater/Sill []Other: c. Average distance watenvard of NHW or NW L:24eet- 8%J%V- "%A & Is-4 Sre. (% r V-kr @ S.1' 04VE-"A'awoC,NMr) Rttt 9-1-13 e. Type of stabilization material: Wood and vinyl g. Number of square feet of fill to be placed below water level. Bulkhead backfill 1840.3 Riprap Breakwater/Sill_ Other_ i. Source of fill material. Permitted mine. Width: Bulkhead 2 feet and Breakwater 2 feet d. Maximum distance waterward of NHW or NWL: Bulkhead 47 feet (filling of man made boat basin) and 10 feet Breakwater f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. r,7 ., h. Type of fill material. Clean sand CT�I or+�,9r_ 1 4. OTHER FILL ACTIVITIES El 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 wetlands/marsh (CW ), If yes, (ii) Amount of material to be placed in the water 285 Yards and two areas of Section 404 wetlands totalling 3,904.8 sf. (iii) Dimensions of fill area Boat Basin -Approximately 45 feet by 32 feet (irregular shape) Remaining wetlands 3,904.8 sf in irregular shapes. IN) Purpose of fill Fill "silted in" boat basin to create appropriate separation for installation of septic system to serve proposed residential home. Fill of wetlands for septic separation, placement of residential home and provide driveway access for properties platted in 1963. 5. GENERAL submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAv ❑SB OWL 3.904.8 []None (ii) Describe the purpose of the fill in these areas: Lot fill to create separation for installation of septic and to allow construction of single family residence on lots platted in 1963. a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? NA NA RECEIVED c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑ Yes No ❑NA site? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to aVbirJ lx4hMirtfitb� 3 environmental impacts. Date for z0 AW6 za- 7!'iklu .ILL 'r hV&WdlaPJ Project Name Forth DCM MP-2 (Excavation and Fill, Page 3 of 3) jv" . 'T , iq ll" Applicant N me A4 App ant nt SI nature r APA 1 E 2013 RECEIVED JUN 2 0 2013 Der RDMY Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) -- r„_p._ -. rT_ l�n . APR 1 8 2013 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. One residential structure with a 2,000 sf footprint. Bile supported. c. Density (give the number of residential units and the units per acre). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erasion control plan been submitted to the Division of Land Resources? []Yes ®No ❑NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. RAtt pcx s/aa)q, I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 13.4 j. Describe proposed method of sewage disposal. On site, active drip disposal. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down' and residential discharges). NA b. Number of lots or parcels. Two d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 11,500 sf f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Paver stone, asphalt, gravel and concrete h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stommwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. RECEIVED JUN 20 2013 DCM-MRDCITY 252-808-28082:: 1-888-4RCOAST:: www.accoasta[manaaeme7Le!et ray:isee<: i2,26 06 Fortis DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Well o. When was the lot(s) platted and recorded? 1963 flid l3 Date n. (i) Will water be impounded? ❑Yes ®No ❑NA (it) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA LOT- err Mvb 2:�- -G't1Aft L•W1U f t.� S7/dYlri{�ol� Project Name Applicant Name K ApplldantOgnature fi APR 18 2013 RECEWED JUN 20 2013 DT&VHD CYrY 252-808-2808 :; 1-888-4RCOAST ;: www.necoastaimanaaement.net revised: 12126106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) APR 18 2013 rnggT 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. 1. DOCKING FACIUTY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government OPrivate/Communfty El This section not applicable b. (1) Will the facility be open to the general public? []Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (ii) Number 1 If yes: (iii) Length 34 (it) Number IN) Width 6 (iii) Length (v)Floating ❑Yes ®No (iv)Width (v) Floating Oyes ❑No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: If yes: (it) Number 1 (ii) Number 1 (iii) Length 20 (iii) Length 12 IN) W idth 20 (iv)Width 20 (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 2 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 2 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 24 m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 2 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout I. (i) W ill the facilit be open to the general pub1IRCEM ❑Yes RNo JUN 2 0 2013 D N"McffY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement. net revised: 12/27:06 Fort11 DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACIUTY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. El Office Toilets [IToilets for patrons; Number: _; Location: ❑ Showers [IBoatholding tank pumpout; Give type and location: I era b. Describe treatment Type and disposal location for all sanitary wastewater. - C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. I. Give the number of channel markers and "No Wake" signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No J U N 2 0 2013 DCM-MOD CITY 252-808-2808 :: 1-888-4RCOAST :: www. nc coastalmanagement.net revised: 12,27 06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ® This section not applicable a. (i) Number (ii) Length _ (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable a. Length 84 b. Average distance from NHW, NW L, or wetlands S.}' RAIL 5-4- 13 c. Maximum distance beyond NHW, NW L or wetlands eld RA12 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be pieced beyond shoreline Note: This should be measured from marsh edge, dpresent. e. Arc of the wring 7. GENERAL REaMD JUN 2 0 2013 DCM-MADCITY b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252.808-2808 :: 1.888-4RCGAST :: www.nccoastaimanag-qment.net revised: 12127106 Forfn DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 15 feet or greater Note: For buoy or mooring piling, use arc of swing including length ofvessel c. Width of water body 912 feet Caosies Creek: Canal 35.40 feet e. (i) Will navigational aids be required as a tesult of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. Unknown, greater than 50 feet. d. Water depth at watenvard end of structure at NLW or NW L 3.0 feet (rel. NWL) 8. OTHER ®This section not applicable a. Give complete description: Date %07- 2ce �ri4 22 1 - t. Wi(I WlncS S1tBblutSlON Project Name -10" '1, rVlIL41 Applicant Name ,A IU App ant t6nature APR 18 2013 .10 RECEIVED JUN 2 0 2013 DCM•MHD CRY 252-808.2808 :: 1-888-4RCOAST :: www. nc coastal management.et revised: 12�27/06 El --OK jK � \ x CIO � \ i \ / _ [ § � ) \ ?a(T h feet 1000 "' " meters 300 APH i 8 �013 I I RECE WED JUN 2 0 2013 Dv"d InTmary ihh�isr+L f4tr+�1 Pho�ajr��tiY 9,A. R. Google earth 1000 ;oo RECEIVED JUN 20 2013 I,C M,l<y N, Dior , �- Ae r,c l 400 p0�rc�'h) eA« _ �� ~ , . ,gaf ` )\w/■x�<% : :Z� � �d %\/� ® ® « T•e. 1000 300 RECEIVED JUN 20 2013 A+�aLhyywni 1. E 3o1%Y. S. mAt y IA%, i tc- AeriA p1+oR,,�eoptiy O rZ mull .. y Ed {JOPnJ Mr ey i k:tv Goode earth Statement of Compliance with Session Law 2009-337 An Act to Promote the Use of Compensatory Mitigation Banks and SL 2011-343. (link to SL 2009-337) (link to SL 2011-343) Prior to accessing the Ecosystem Enhancement Program (EEP) In -Lieu Fee Mitigation Program, all applicants requesting wetlands stream and/or riparian buffer mitigation are now required by law to comply with Session Law 2009-337 An Act to Promote the Use of Compensatory Mitigation Banks as well as Session Law 2011-343, which made changes to the definition of "government entities." All requests submitted on or after June 27, 2011 MUST include this form signed and dated by the permit applicant or an authorized agent. Please refer to DENR's Implementation Policy for more detailed guidance. Compliance Statement: I have read and understand SL-2009-337 and SL-2011-343 and have, to the best of my knowledge, complied with their requirements. I understand that participation in the NCEEP is voluntary and subject to approval by permitting agencies. Please check all that apply: Applicant is a Federal or State Government Entity or a unit of local government meeting the requirements set forth in G.S. 143-214.11 (as amended by SL 2011- / 343) and is not required to purchase credits from a mitigation bank. V There are no listed mitigation banks with the requested credit type located in the hydrologic unit where this impact will take place (link to DWQ list) (see "approved mitigation bank" link under "Options for compensatory mitigation" heading) It SCL t41T31 CIfZ )� Mitigation bank(s) in the hydrologic unit where the impacts will occur have been contacted and credits are not available. The DWQ or the Corps of Engineers did not approve of the use of a mitigation bank for the required compensatory mitigation for this project. This is a renewal request and the permit application is under review. Bank credits were not available at the time the application was submitted. Enter date permit application was submitted for review: Note: It is the applicant's responsibility to document any inquiries made to privatelnitigation banks regarding credit availability. uate 1WyY1 � ii4 G07_ 2& pwo Z?- &NleaA &j"1tWJ (�P�'c(� S 1S6*TVQ0 202 Project Name SU1SD(Ui5(oN r4z;(c- Af1j, Location DCM-MAD CITY NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN -LIEU FEE REQUEST FORM Revised 1/17/2013 Complete requested information, sign and date. email to or fax to kellv.williams(a.ncdenr.00v (fax) 919-707-8976. Attachments are acceptable for clarification purposes (location map or let long is required). Information submitted is subject to NC Public Records Law and may be requested by third parties. Review meetings are held on Tuesday afternoons. Information submitted is subject to NC Public Records Law and may be reauested by third nartias f CONTACT INFORMATION 1. Business or Individual Name APPLICANT'S AGENT (optional) US_ APPLICANT Jolt I. A4 tt 2 Street Address or P O Box ---------- ML( S 3. City, State, Zip --City--te,Zi _Rpm_ k 2�`t e icy ✓A 4. Contact Person 1.1 S ; lit S. Telephone Number j S 7- 3W 6. Fax Number_. �� • 17Q U --- 7. E-Mail Address (optional) ------------------------ (�tl$ U I? GC/YI S� LUM 8. Project 9. Project Location or attach a map 11. ry 12. River Basin & Cataloging Unit (8-digit) (see Note 1) 93 o (0 2 1 K Project Type'*specity owner type and write in project type (e.g. school, church, retail, Owner Type: _Government residential SD, apartments, road, utilities, military,etc_)'* Project Type_ pju t ---- -- ------ ----- --._. 14. Riparian Wetland Impact (ac.) (e.g., 0.13) Coastal Marsh 1,234) NA 31R0q SF _-_� r Dq isms ✓ Private 18. Riparian Buffer Impact (sq. ft.) Q Zone 1: Zone 2: (where applicable) N _ 19. Regulatory Agency Staff Contacts Indicate names, if known ! USACE: iU12- DWQ: AvviviiiV IMPORTANT Check (�) below if this request is for a: _ revision to a current acceptance _ renewal of an expired acceptance —extension of unexpired acceptance By signing below, the applicant Is confirming they have read and understand EEP's refund policy posted at nceep.net and attached to this form. Signature of Applicant or Authorized Agent: Date: Note 1: For help in detennining the Cataloging UnlT�Oit n I or contact EEP Direct questions to Kelly Williams at 919-707-8915�bi'ke ill (a�ncdenr.aov or to EEP's n _) - f------ ----- �nt dery at 9� 9 07,8f691.)) DCM--YHID CITY Warren Eadus From: Sent: To: Subject: Classification: UNCLASSIFIED Caveats: NONE Barnes, Kyle W SAW <Kyle.W.Barnes@usace.army.mil> Monday, April 15, 2013 8:08 AM Warren Eadus RE: Jack Miley Knotts Island (UNCLASSIFIED) GDSRB is still on hold for selling credits. EEP is the only game right now -----Original Message ----- From: Warren Eadus fmailto:weadus(cDguible.com] Sent: Wednesday, April 10, 2013 5:04 PM To: Barnes, Kyle W SAW Subject: Jack Miley Knotts Island Are you accepting mitigation credits from Great Dismal Swamp Restoration Bank for projects on Knotts Island? Specifically, I am submitting a CAMA Major for Jack Miley (just recently issued JD Lots 26 and 27 Bertha Williams Subdivision) and we need to fill so that he can put up a three bedroom house and get a septic system to work. I need to offer mitigation and was getting ready to request EEP, but I have to check around with the banks first. Warren D. Eadus, P.G. President Quible & Associates, P.C. 8 Juniper Trail PO Drawer 870 Kitty Hawk, NC 27949 t 252.261.3300 f 252.261.1260 m 252.202.8166 RECEIVED www.guible.com<blocked::http://www.quible.com/> JUN 2 0 2013 DCM-MHD CITY LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or 1/IE/ZUIa 0:16 AM lommy Stokely LIE TABLE LM& LEWIN DNdSCT/cr' LI MM' 5 55' 06' 12'E 12 AO.26' 5 S' O6' 12'E L3 /OXl' 5 36' %' 06'E L4 265I' 5 00' 22' 07'E LS 10L9' 5 2T' 31' S0' E L6 /1-%' 5 Af' 07' 42' E 17 12.gr N43'32'SB'E LB 22W' N OO' 31'37' E Lq ?6.73' N 72.26' 02'E L1O 2766' 5 7B' 54' 43'E 111 6.10' 5 76. 54' 43, E L12 25210' 5 75' 22' 36'E L13 21CV' SB4'37'22'E L14 Ol' 50013215T'W LB 4.42' 5/7'"'37•W LNl 61 53r A0'34'M L17 11.42' 5 33' M' 14' E DO 241 544'I5'30•E LIT A.W. S 24' 35' l4' E L20 2662' 547'01 L2I .36.74' N06•46'27'E L22 66254' N 62' 34' 37'W L23 WO,001 N 62' 4l'3/'W L24 236B' NM'.S'41'E 404 CERTIFICATE DEMAND LIIE TABLE LINE:. LfWTH DIRaDnow L25 6.50' N 06' S0' %' E L26 45.41' N 06' 50' %' E L27 2250' N 25' 03' 53' E L20 21.0' N 46* 50' 56' E L21 30.20- 5 67. 44' II' E L30 3L2/' 5cal 51, OT'W L31 27-15' S /O' 32' I7'W 02 11 5 26- 225' 2/'W L33 le.gq' 5 26' 26' 21'W L34 665' 52/•31'01'W L-45 I0.21' 5 66' 34' 04' W L35 14.02' N 5g' 06' 42'W L37 3.17' N NY 11 E L30 22.66' N 36' /O' 24' E Lag A74' N 47' 97' 15' E L40 0.46' N 35, 1/' M' E L41 116' N 55' 35' 07' E L42 15.73' N 55' 27' 44' E L43 1757' N 54. 27' 42' E L44 17.13' N5I.22'06'E WE71AIn LINE TABLE LIIEA' LENSIN DIRECTION L45 2051' N 40' 26' 37' E L% 241 N /1 SP 41' E L47 20.13' N 52' 14' 02' E L% 20.42' N 70' 41 E L4q 201 N 70' 02' 5V E L50 52,43' 514, It, 54'E 75l %.72' N?5'S9'23' W NEUAIn aRVE TABLE LLRVE+E51 CHIPLB57H ernBFARIAfSe5 I1'N 76' 27'%'E e6 E74q701"' 6.14' N 65' OT 4 EC7 37.64' 5 62'34'37'/4 C6 101 N 6q' 12' 27'W I CERTIFY THAT TH15 MAP WAS DRAHV UNDER MY 9,FERV/5/ON FROM AN ACTUAL SURVEY MADE UNDER MY SUPER1175/ON (5EF NOTES FOR DEED REFFR L),,THAT THE BOUNDARIES NOT 56RVEYED ARE INDICATED AS DRANW AS DASHED/BROKEN L/AE5,THAT THE RAT/O OF PREG151ON OR P051TIONAL ACCURACY 15 1,I0,000t; AND THAT THIS MAP MEETS THE REGOREI-ENT5 OF THE STANDARDS OF PRACTICE FOR LAND 51.RVEYIN5 IN NORTH CAROL/NA (21 AICAC 56.I6GOJ. THIS DAY ogie "-1-_, TH15 CERTIFIES THAT THIS COPY OF THIS FLAT AC619ATELY DEF/CT5 THE BOUNDARY OF TIE JARI50IC77ON OF SECTION 404 OF THE CLEAN WATER ACT IN THE AREAS AS INDICATED, AS DETERMINED BY 7HE 0ADER516IED ON THIS DATE. 077ER AREA5 OF JARISOICT/ON MAY BE PRESENT ON THE SITE BUT HAVE NOT BEEN EVALUATED. OtE55 THERE /5 A CHAA5E IN 7HE LAW OR aR PM5LI5NED REGULAT/ON5, THIS DETERMINATION OF SECTION 404 ,M150/CTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM TH15 DATE TH15 DETERMNATION WAS MADE UT/LIZIAS THE APPROPRIATE REGIONAL 901oPLE74ENT TO THE M67 CORF5 OF EN6IAEER5 REMAND DELINEATION MANIAI.. - AREAS BY COORDINATE METHOD 0 z 5 _D r 0 Y VICINITY MAP LC5!?JD: fNTE� p - E:X15TINS 4'k4' CONCRETE NOMMENT, ECM 0 - EX15T1N6 IRON FIFE, E/P • EXI5TI 5 IRON ROD, FIR - SET IRON ROD, SIR PK NA/L • - CALCULATED FJ1NT QW - WATER METER ® - TELEPHONE IRED © - CABLE TV FED Q - HOOP P05T UTILITY FOLE - -LAMP x� - LOT 26 AREA TO NORMAL WATER LIFE = 10,443 sgft /025 acres. �;, 00 j - - LOT 26 PLAT AREA = 14,1462 sgft 1034 acres. - LOT 27 AREA TO NORMAL WATER LINE = 12,366 sgft / 029 acres. O - LOT 27 FLAT AREA = 1q,655 sgft / 0.46 acres. - %fLJFCT REFERENCE5: DB 11 PIS 72q,, MB. 2, PIS 120, - FIELD 51MVEY DATE 01 4 01/04173 - LOT 26: PIN 075A00000260000 -LOT 27. PIN 075AO0000270000 - PROPERTY /5 LOCATED IN WIP FLOOD ZONE AE 53' AND 5'.3.ECT TO CHA BY FEMA. - FIROPERTY 15 ALSO LOCATED IN THE COA5TAL BARRIER RE5GT,RCES 5Y57EM TED 11-I6-g0 BA5159 ON CC11*W/TY CID NO. 31007A PAAEL g003,_%FFIX .L f74AP N#4IE ER 3721g00300.0 EFFECTIVE DATE. DECEMBER I6, 1005 - TH15 SURVEY 56131 TO ANY FACTS INCL=145 BVILDIM5 SETBACK RE51RICTION5, EASEMENTS COVENANT5, ETC, THAT MAY BE REVEALED BY A aILL AND ACCURATE TITLE SEARCH. - NO W,65 /-ONMETIT FGMD WITHIN 2CCO'. - WETLANDS AS DELINEATED BY DYABLE AND A550CIA7E5, P.G. 4 SURVEYED 0I/04/73 (5EE WETLAND PLAT UNDER 5EPARATE COVERT. CANAL 5 62° 40' CIO' E -- 1/000' v.w BMFEIR N 4 LNO RE FG'AmJ lYVh NPL q/?6172 - � �a .. L10 u/ u2 ..L13. �a622' (MVELMW m # �'tib 5B6'S6'21'E U W a O Z EIR BE7N®4 LOTS I2413 rEIR BETI'EEN I L075 I6 4 /7 \ A6� 8 ab�Vry� LOT-16 10 PE7LAhV I, 3,322.6 W..FT. II A`__4 Cl Ce SIR 2 ,EIR \ \�� 1 \CT L6 V/• �0 \ \ <1 C� LOT27 Ao 9iq i NI, \ \ V� vK _ \ \\ �:00 SIR .Y'• COASTAL !A , 4,15"W y by° 04 )*_MAAVJ 5622 50.FT, �' �� IV4j111 e 7 -- �m EIR — Lb A] + / — — 5TR` L25 I L2 L22 aroJ <'�5��L35 v ME) (TIE) _ EDP Al PK WILLII DRIVE (60, RIK BENT EIR APPROX. 2065' TO (ON LAB KNOTT5 I5LAN9 RD. 0.66'WEST / Flaufe ;i — MF ,lO AM/ M. LITTLE T JI77'M LITTLE LOT 26 BERTHA L. WILLIAMS SLE9105/01V P/N: 075AG 00026G OO nRVE TABLE CIRI,V LE145TH RAMS ern LENSTH 01PBEAR6l5 Cl 1q.72' WA510, Am. 5 71. 45' 44'W e2 '"1 Sam, 47?B' 5 M' 40' M'W 63 .i35B' Sam, 32�' N 43' Sl' S?'W C4 L2%' SOLAO' 12.42' 5 6T' %' 11' E I\ q/26/72 N o G W{ RG Z � A \� PROJECT OUIBLE P&RA SIGHT OCCIIATES, P.C. v WEMAM SRVEY FOR JOHN L hMXY ��. ARrrr,,, Is12085 THIS DOCUMENT IS THE PROPERTY OF GUIBLE & ASSOCIATES, P.C. ALL RIGHTS ARE ,,O,stt ,,N�"'""""•.O� ♦♦♦i♦ - Quible SINCE 1959 LOT 26 AND 27 DRAWN BY RESERVED. ANY REPRODUCTION OF THIS OR POSSESSION DLT A$ WITHOUT PRIOR PERMISSION OF OUIBLE SI ASSOCIATES, P.C. WILL MISSION CONSTITUTE WOUnON of COPYRIGHT uws. wounON WILL BE SUBJECT TO LEGAL ACTION BERTHA 1. WII.LI"S SUBDIVISION _ 95 & Associates, P.C. ENGINEERING * CONSULTING * PLANNING CHECKED BY FRUITVILLE TOWNSHIP CURRITUCK COUN ENVIRONMENTAL SCIENCES SURVEYING - WDE/JHM IF THIS PUN OR PUT IS NOT SIGNED AND NORTH CAROUNA NC seyy: SEALED BY A LICENSED PROFESSIONS THEN THIS PUN OR PUT SHALL BE CONSIDERED ♦♦ 870, Hawk. NC 27949 PO Drawer 870, Kitty Hawk, 0 40 80 DATE PRELIMINARY AND NOT A CERTIFIED DOCUMENT ♦♦, ,,, 00 Phone: (52)) 01/17/13 AND SHALL NOT BE USED FOR CON N, RECORDATION, SALES OR LAND CONVEYANCES. ♦i . �� , MILLER ♦ ,Arpr 61-12600 Fax: 252 261 —1260 GRAPHIC SCALE IN FEET 1-=40 . E-Mall: adminfsfroforOquible.com a lnnva37ah61 (Unavailable) D75-M 162V W M'n5393'N (CREEDS, 0Y' 3T 153Y N WS'S3'183PW (CURRITUCK) produced by MyTopo Terrain Navigator Topography based on USGS 1:24,t700 Maps North Amercan 1983 Datum (NAD83) Pdyconic Projection To place on the predicted North American 1927 mom the projection lines 17M N and 31ME KNOTTS ISLAND QUADRANGLE NORTH CAROLINA TOPOGRAPHIC SERIES (Unavailable) 075- w ffl.3S W M- M V.9r N 075° 56' 00.00" W 075° 55' 30.00" W 075` 55' 00.00" W 075- 54' 30.00' W 075° 5 Firm J �P Z 0 I S1}z Go«. us6S calm► APR 18 201? Z 0 0 m RAR. 01 9 . O - — point Z o -$EACH L'Py..-277 m i� m m - :_ n 2- o _ aav v .._ 4/ o n i Isla., a; r r z � - z o l ;.:� Z G 6-Lorca ar9L a. o m Z — � r m N m cc — O t m e o J �CQ Z i V a r Z o m m 2 U) � n, ti o m _— O -- 075o 56' 00.00" W 075° 55' 30.00" W 075° 55' 00.00" W 075° W30.00" W 075" 5 Declinabon it 14 GN 0.55' W MN 10.80" W SCALE 1:24000 AIDUHNhINDQ (Unavailable) 036'31'15U'N o75'54' 013rW (COROLLA) 0 1 MILE 0 1000 EIOZ 0 NfCNOTTS ISLAND, NC YARDS 1954 0 1 KILOMETER Qama`7au CONTOUR INTERVAL 5 FEET MEAN SEA LEVEL CUT 2' SLOT IN OUTER FLANGE OF SHEET PILE TOP 3' LENGTH (TYP) f BOLT 4 PER SCAB BLOCK COUNTERSUNK (TYP) (2 ON EACH SIDE OF JOINT)- 6'4 BUTT (MIN.) X 141 TIMBER PILE 4' O.C. (TYP) WAVE DIRECTION —� (TYP) —� NO TIMBER BOLTS V/ OGEE WASHERS C O.C. (TYP) v O.O NWt 6X5 SCAB BLOCK 24' LENGTH POSITIONED AT WALE SPLICE (TYP) VINYL SHEET PILE FREE-STANDING SLOTTED BREAKWATER SECTION MT. NTS `STRUCTURAL DESIGN BY OTHERS 2' SLOT CUT IN FRONT FLANGE TOP 3' LENGTH (TYP) BUTT (MIN.) X 14'L TIMBER PILE (TYP) BOLT 4 PER SCAB BLOCK VINYL SHEET PILE 4 SHEETING CONNECTIONS (TYP) F - I'm TIMBER W/ OGEE W & NUT w� 4- SS LAG SCREW - GRADE 304 2 PER FRONT & REAR FLANGES (TYP) (TYP) I I I I WAVE DIRECTION BREAKWATER PLAN VIEW (TYP.) NTS 'STRUCTURAL DESIGN BY OTHERS 8'x8' P.T. VERTICAL ANCHOR PILE W LONG AT EACH TIE ROD 2'x6' P.T. CAP BOARDS SPACED 1' APART NTH STAINLESS STEEL SCREWS 24' P.T. FACE E BACK R' DIA. GALV.LONG TIE r DIA. GALV.� ROD 15' LONG O BOLT AT EA 5'-4'rc HORIZ. WALE/PILE CONNECTION CMI SC-425 INTERLOCKING VINYL SHEET PILING OR APPROVED EQUAL PRODUCT 14' LONG NOTE: ALL TIMBER TO BE PRESSURE TREATED IN ACCORDANCE NTH AWPA USE CATEGORY UCSB ALL NAILS & HARDWARE TO BE HOT DIPPED GALVANIZED. SECTION OFSECTION OFBULKH�D NTS (DESIGN TO BE VERIFIED BY STRUCTURAL ENGINEER PRIOR TO CONSTRUCTION) A1Sa QIIW-INXI E10Z o 9 Nnr (19AIM I PT 6'x6' CONT. TIMBER WALE LONG W/SHIP LAP JOINTS 8' DIA P.T. FACE PILE 16' LONG O 5'-4' c-c K8' PT PILE 2- HOG BOLT - z a N asp �u�i oiom� U O.e N �ZUI IO:. IE UZm� �W 4dJU Nm o A\ J 2 `V VIW N O mZH^� ON p yvec o' a off.. o a ^( Z Z wo +S% W W a xZ O0 O I{'•41 0 U r � Q L = 0 w J Q u l 0 as Z d Z U a LL J rc44w pwp"~lwOw 7w0 Zt0 Q11-w�U� p�iorng w�gU� z i plitso c_-00z z n �tfpW� NVMi '•i�p ow wa0.rro 20 0p QUo as''R.. wa=uo i,n ti&a 3 oN<'J'io zQ NV5 �w 'wgzww }Z N Z Z Um Ws<ZypjO 2<O`20 Z n�( cig Z g Z (}.n reps a�g O N'iI V�IN/ImU3 Fwm��p W V 3 rcS r m w z a d U SITE o J 1 N� RUTTIER DRIVE 1sf[ O Y VICINITY MAP - LEGEND PROPOSED GRAVEL ElPROPOSED AREAS OF FILL r EXISTING COASTAL WETLANDS -� (NO FILL PROPOSED) L A r ' PROPOSED TO BE FILLED NON -COASTAL 404 WETLANDS L - - - - J (3,904.8 SQ.FT.) ;m\ *L 9l2M2 EX15TINO 30' PROPOSED FILL = 1,534.0 SQ.T. CANAL PLATER CLA551FICATION: 45C M APPROX. AREA EMERGENT COASTAL WETLANDS SPECIES 62' 40' OO' E — 12054' PROPOSED APPROX. AREA PROPOSED BULKHEAD EMERGENT COASTAL F(68 LN.FT.) WETLANDS SPECIES BREAKWATER /,(84 LN.FT.) e ROPOSED '30' BUFFER 40.0' -- 1 pR�Os D I \\ \ O EXIS TlN6 75' A.EG. �\ s.o• 2 r � Y'1i0� J NIlSi T O z 1. OWNER: TENANT: << NLIFE OR NOR o MA PARKER SAWYER HALL A J. y 7 FOREST FO MIU REST MILLB RO CHE CHESAPEAKE, VA 23322 F 2. PIN NUMBER: 075ADDD00270000 i 07SA00000260000 ACTIVE ADVANTEX V 3. RECORDED REFERENCE: M.B. 2. PG. 128; D.B. 1082, PG. 729; D.B. 107, PG. "0 TREATMENT (TS II)J 4. PARCEL AREAS: LOT 26 AREA TO EXISTING NORMAL WATER UNE = 10.943 aft / 0.25 cores. ' LOT 26 AREA TO PROPOSED NORMAL WATER UNE = 12.471 aq.ft / 0.29 cores. LOT 28 PLAT AREA = 14,t182 egft / 0.34 acres. LOT 27 AREA TO EXISTING NORMAL WATER UNE - 12,366 mft / 0.28 cores. LOT 27 AREA TO PROPOSED NORMAL WATER LINE - 12,672 s9.ft. / 0.29 cues. n ' LOT 27 PLAT AREA = 19,855 s9it / 0.46 acres. 5. WETLAND AREAS h IMPACTS: T o USAGE 404 WETLANDS = 3.904.8 SOFT. .i 3.904.8 SOFT. PROPOSED TO BE FILLED B COASTAL WETLANDS = 4,150.0 SO.FT. 1 0 SOFT. PROPOSED TO BE FILLED i 6. PROPOSED IMPROVEMENTS h IMPACTS: V LOT 26 PROPOSED DWELLING/BUILDING FOOTPRINT • , +ct4 v4wo , PROPOSED FILL = 3,322.6 SQ.T- INSTALL BREAKWATER WATERWARD OF EMERGENT' WETLANDS (FIELD CONFIRM PRIOR TO INSTALLATION) PROPOSED 6'K34' ELEVATED "o WOOD WALK n b < f G2 NR _ 11 5IR 1 PROPOSED i .GRAVEL DRIVE t SIR EOP Q PK P&LIIA^^M5L''IVE /WG (' Rl n-V TOTAL IMPERVIOUS COVERAGE: 3,359.3 SOFT. (13.4x OF TOTAL PROPOSED LOT AREA) ✓AI.P�PROX.G208�5f' TO LENGTH Of PROPOSED rn LENGTH OF PROPOSED BREAKWATERS 5184 LNFT. KNOTTS 15LANO RD. s a AREA WITHIN 30' BUFFER - 7,703.8 SOFT. PROPOSED IMPACTS WITHIN 30' BUFFER: PROPOSED GRADING, BULKHEAD BACKFALL, AND FILL FOR p SEPTIC DISPOSAL (0 SO.FT. OF IMPERVIOUS COVERAGE PROPOSED.) = OA AREA WITHIN 75' A.E.L. 16.657.3 SOFT. PROPOSED IMPACTS WITHIN 75' A.E.C.: PROPOSED DWELLING, GRADING, BULKHEAD BACKRU. AND FILL FOR SEPTIC DISPOSAL (1,368.4 SO.FL OF IMPERVIOUS COVERAGE PROPOSED) = 0.2% IMPERVIOUS WITHIN A.E.C. i M AY 2 2 2013 1 5 62' 40' 00' E 11O.00' n PROPOSED +k - BULKHEAD LN.FT.) PROPOSED m lT lP (83 12'X20' SLIP 'R Z a � a 1 p. 3.0 C� Q " PROPOSED FILL _ ,�3\ .3 SQ.T• Pw nem cn LOT27 wpr by' 1� s 411, - 4KQ ACTIVE WASTEWATER DRIP DISPOSAL \ 1,200 LN.FT. OF DRIP LINE 24" O.C. WITH \ v EMITTERS 24" O.C. PROPOSED (572 EMITTERS TOTAL) \ POTABLE 2400 SQ.FT. TOTAL \1 , WELL 1 / PROPj n-12'X20' MATH-UFT APPROX. AREA EMERGENT COASTAL WETLANDS SPECIES NIF JIQ AM FL LITTLE t J" X LITRE LOT26 &ERTMA L. MLLlAMS SM3DIVI5104 PIN, 075A00"260" An,3 QH'dd-WOQ RE0510A5. rin7 n7. NI(1 OV0112013 DI6ITIZE LOCATION OF COASTAL DOI L2 Z z m " P N U u IeSC �rW7l d� � WUO o n e? w• TA t,W w�j OYMNQ " (D9W MJU NVQ �I\ VI W� N E VI eN ZU O_N HYa1 N.� 1� U$� 1� •�VfJ �/1 U• Z -! m 0 p 0 r,2 Z Saw a W Z O 1 W G5 Z O .1 Z Z W a -I- (� Z � cl W a o � r Z r h V � 8, 11, OJ z In p0052 ZWWW�W I aF P�IpVZ U Oa 'L O" "OV> U Z M �io� u,Quwoo OW WCZ=� q" Gw 04 3s 92 i'.mffOz OQ a�az1� �Z P" tiN wti Od LT OHa Wo Ls_fi rdiSy��D 'o 1� NWp 8n 0�d.m, w0 fO 2�20W Ira Odd ZZ _ V)pdZ2 ap O�NNm O; WVI=N� Z" OjS ,��ZWZmV F mdO -"~datt wa a N 3 Y < N OL C w I p x ID U Q:\2012\P 12055\Drawings\P1 13 11:03 AM TStokely TAS OUIBLE 6: ASSOCIATES, P.C. WILL CONS➢TUTE VIOLATION OF COPYRIGHT LAWS, VIOLATION WILL BE SUBJECT TO [EGA, ACTION CHECKED BY WDE IF THIS PLAN OR PLAT IS NOT SIGNED AND SEALED BY A LICENSED PROFESSIONAL THEN THIS PLAN OR PLAT SHALL BE CONSIDERED DATE PRELIMINARY AND NOT A CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION 2-26-13 RECORDATION, SALES OR LAND CONVEYANCES, 1 A A k tf. ii NSF r RICHARD L. WD5E5 /I/ 4 " kLW'r M. F0015E5 LOT 25 BERTHA L. Nil L/At-5 —%W1 l5/0N P/N, 075AC0 G10250000 i N 07' 2m' 00" E — -- ti a I 10 0 a " rho '. \.' wC) 'oU (.i 0 2� qF �a m - -,--�� -IFS 1 � Mho' m Mzf��A 0(0m '':I ZRo til l i=qF a0y 74 m OM >6sa II 4ND \ ti SAX m� >zc t I N' �.mo 1 {{{ W <I ZXO A o o <t LA JCOO y v.� BERTHA L. WILLIAMS SUBDIVISION CURRITUCK COUNTY I l-1pLlC"f7-1%4 NORTH CAROLINA 0 30 60 GRAPHIC SCALE IN FEET 1"= 30 0 Im m FIM 0" 00 yoox 0 1;0 MPM & Associates, P.C. ENGINEERING • CONSULTING • PLANNING ENVIRONMENTAL SCIENCES • SURVEYING NC License#: C-0208 PO Drawer 870. Kiffy Hawk, NC 27949 Phone: (252) 261-3300 Fax: (252) 261-1260 E—Mall: a drninwroforDqulbls.cem ZUoo-aAxLAWq D/zz/zuu Il:Uo AM IStokery TM Ulf �s m _ • `" R/ONARO L. /w5E5 /it t L ; 0-{{ P6677' M. h006E5 c �•1 LOT 25 + U k BERTHA L. W/LLIAhS 9i99IVISION / ♦�y0 PIN: 075400L190150000 o r ti b7� � rn ♦�' A ti - - N 07' 20' 00' E Y73.73' II A 1 / L90.C.11"i SP . i64' 0 so> o �� O __._.. 0 g o� b Ic 0 8 $11 D A \ G Im I AUn N I _ Np m� I —0310 c� m z mo 8 oD in -1 O IV N O'pr- vzX U�g $m vopm i \ ,yy and 7 FomD I f OND A zj _ Ilr A \ \NJ •. �29 n \° x �.o \ W mV NpX ♦ \ uk OdX#v I +moo mRZXO NJCO O O vA �*I UPI ♦ p ` F ti { 8 -1 cm ♦ �' n v o, pp I _ PIS ' o i •0 �Op 59 NO N10/1 { V Q, V N`m � NO 'o. Como F �t x n O Om In IITT rlry w > m m >y y JC ;0' a Z X R! m. 0 �� uix COL .v Z v o m'+ n v pv Obp N � O �1 Z j Z (_1 PROJECT COPYRIGHT © TES, ATTACHMEW #2 _ 2WO AERIAL OVERLAY P12085 QGIBLE t ASSOCIATES, P.C. THIS DOCUMENT IS THE PROPERTY OF QUIBLE �k v I « r SINCE 1959 u k ASSOCIATES, P.C. ALL RIGHTS ARE LOTS 26 & 27 ible DRAWN BY RESERVED. ANY REPRODUCTION OF THIS OR M��aa2 PE�Mt POSSESSION WITHOUT PRIOR PERMISSION OF & Associates, P.C. TAS QUIBLE k ASSOCIATES, P.C. WILL CONSTITUTE BERTHA L. VIMLIAMS SUBDIVISION VIOLATION OF COPYRIGHT LAWS. VIOLATION ,OT aA) ENGINEERING • CONSULTING r PLANNING CHECKED BY WILL BE SUBJECT TO LEGAL ACTION FRUITVILLE TOWNSHIP CURRITUCK COUNT" A�p4r ��+ ENVIRONMENTAL SCIENCES a SURVEYING WDE IF THIS PLAN OR PLAT IS NOT SIGNED AND NORTH CAROLINA NC License#: C-0208 SEALED BY A LICENSED PROFESSIONAL THEN PO Drawer 870, Kitty Hawk, NC 27949 THIS PLAN OR PUT SHALL BE CONSIDERED 0 30 LTD DATE PRELIMINARY AND NOT A CERTIFIED DOCUMENT Phone: [252) 261-3300 AND SHALL NOT BE USED FOR CONSTRUCTION, Fax: (252) 261-1260 2-26-13 RECORDATION, SALES OR LAND CONVEYANCES. GRAPHIC SCALE IN FEET 1"=30 E-Moll: adminlsfroforOqufble.com Pat McCrory Governor June 4, 2013 NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director C.13.a(,.l�le.c�l u I u II :: ►11 il- TO: FROM: SUBJECT: Applicant: Project Location: Maria Tripp Dunn NC Wildlife Resources Commission Doug Huggett Major Permits Processing Coordinator Resources CAMA/DREDGE & FILL Permit Application Review John Miley John E. Skvada, III Secretary yUly 2a13 RED ti�ED ouptyaucift Piog� 153 & 155 Williams Drive, Bertha L. Williams S/D, Knotts Island Proposed Project: Bulkhead, breakwater, single-family dwelling, docking facility, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 06/25/13 to 400 Commerce Avenue Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron.Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. / This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE (r 2-5 10I Z 1367 US 17 South, Elizabeth City, NC 27909 Phone: .252-264-39011 FAX: 252-264-3723.; Internet: v wwmccoastalmanagement.nel. An Equal Opportunity 1 Affirmative Action Employer Pat McCrory Governor June 4, 2013 A14h (�� JUN 25 2013 MCDEN $ 1/ bfviF-HABITATPROTE( North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: As rt f 26 ILED r3 Kevin Hart NC Division of Marine Fisheries, WaRO Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review John Miley 153 & 155 Williams Drive, Bertha L. Williams S/D, Knotts Island Bulkhead, breakwater, single-family dwelling, docking facility, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 06/25/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: \� This agency has no objection to the project as proposed. 1` This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED. DATE 619/2013 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 k FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity k Affirmative Action Employer NCD NR NOT A CAMA PEA' North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary June 25, 2013 Mr. John J. Miley 744 Forest Mills Road Chesapeake, VA 23322 DWQ Project # 13-0606 Currituck County Subject Property: John Miley, Lots 26-27, Bertha L. Williams Subdivision Capsies Creek [PAS54, 30-1-1-1; SCj Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Miley: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.091 acres of wetlands and 0.06 acres of waters for the purpose of construction of a breakwater, single family residence with gravel driveway and docking facility at the subject property, as described within your application dated June 4, 2013 and received by the Division of Water Quality (DWQ) on June 10, 2013, This Certification(s) is issued in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management Issues it. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: North Carolina Division of Water Quality Internet w ncwarerqutlitvore QR.,e�t,, 943 Washington Square Mall Phone: 252-946-MBI One Q�na Washington, NC 27889 FAX 252.946-9215 /oli An Equal OpporWnfty1AfnrmabH Action Employer-50°% Recyded110% Post Consumer Paper Aia&rall ff '.r John Miley Lot 26-27 Bertha Williams Subdivision A-ty°t� Mr. John J.Miley I �� 11 Page 2 of 3 1. Impacts Approved The following Impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental Impacts: Amount Approved (Units) Plan Location or Reference 404/Coastal 0.091(acres) Application Drawings Wetlands (0.090 acres 404 Wetlands) (0.001 acres Coastal Wetlands) Waters 0.06 (acres) Application Drawings 2. Certificate of Completion 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality,1650 Mail Service Center, Raleigh, NC, 27699-1650. 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 (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) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, 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 DAH within five (5) business days following the faxed transmission. Mailing address for the OAH: !f sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: John Miley Lot 26-27 Bertha Williams Subdivision Mr. Jahn J. Miley Page 3 of 3 Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. if you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919-807-6364 or Anthony Scarbraugh in the DWQ Washington Regional Office at 252-948-3924. Sincerely, arx, O For Tom Reeder. Enclosures: Certificate of Completion GC 3900 cc: Raleigh Bland, Corps of Engineers Washington Field Office Jennifer Burdette, DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, Ron Renaldi, Elizabeth City DEMLR, WaRO File copy FIIe:13-0606_John Miley Lots 26-27 Bertha Williams Subdivision _3900 approvaVas 4 A fAh 031- R North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director MEMORANDUM TO: Doug Huggett, Major Permits Coordinator THROUGH: Frank Jennings, District Manager FROM: Ron Renaldi, Field Representative QR fZ DATE: June 21, 2013 SUBJECT: John J. Miley Major Permit Recommendations VC - Natural Resources John E. Skvarla, III Secretary JUN 2 6 2013 DCM MHD CrrY The applicant proposes to construct bulkheading on portions of a natural shoreline, fill a man- made basin, construct a section of breakwater, place fill material within USACE delineated 404- wetlands, construct a single family dwelling with a gravel driveway, install an innovative wastewater treatment system, and construct a docking facility. The site of the proposed development is located at two vacant Lots (26 & 27) addressed as 153 & 155 Williams Drive (SR 1299), within the Bertha L. Williams S/D, Knotts Island, Currituck County. The site is adjacent to a canal that connects to Capsies Creek as well as Capsies Creek itself. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW), Estuarine Shoreline (ES) and Coastal Wetland (CW) Areas of Environmental Concern (AFC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0203 Management Obiective of the Estuarine and Ocean System It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to the lands and waters of the coastal area. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723: Internet: www.n000astaimanagement.net An Equal Opportunity \ Affirmative Action Employer Doug Hugget, Major Permit Coordinator John J. Miley Major Permit Recommendations June 21, 2013 Page 2 Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0205 Coastal Wetlands (c) Management Objective. To conserve and manage coastal wetlands so as to safeguard and perpetuate their biological, social, economic and aesthetic values; to coordinate and establish a management system capable of conserving and utilizing coastal wetlands as a natural resource essential to the functioning of the entire estuarine system. (d) Use Standards. Suitable land uses shall be those consistent with the management objective in this Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere. Examples of acceptable land uses may include utility easements, fishing piers, docks, and agricultural uses, such as farming and forestry drainage, as permitted under North Carolina's Dredge and Fill Act or other applicable laws. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Inconsistent: The applicant proposes to place fill material within an area of approximately 72 SF of Coastal Wetland AEC which is inconsistent with the management objective. 07H.0206 Estuarine Waters (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208. Consistent: The proposed development is consistent with the intent of this rule. 07H.0207 Public Trust Areas RECENED (c) Management Objective. To protect public rights for navigation and recreation andJ�N 2 6 2013 conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. Dcm-moc"y Doug Hugget, Major Permit Coordinator John J. Miley Major Permit Recommendations June 21, 2013 Page 3 (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Culturl&gffffces. Consistent: The proposed development is consistent with the intent of this rule. UN 2 6 2013 Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Doug Hugget, Major Permit Coordinator John J. Miley Major Permit Recommendations June 21, 2013 Page 4 Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraphs (6) Piers and Docking Facilities, (7) Bulkheads and (11) Filling of Canals, Basins and Ditches pertain to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (6) Piers and Docking Facilities Subparagraph (6)(A) states that piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(B) states that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions do not apply to marinas. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(C) states that piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. Consistent: The proposed development is consistent with the intent of this rule. RECEIVED Subparagraph (6)(E) states that the total area enclosed by an individual boat lift shQ not exceed 400 square feet except to accommodate a documented need for a larger boat lift. J V N 2 B 2013 Consistent: The proposed development is consistent with the intent of this rnldDCM-MNDOTTy. Doug Hugget, Major Permit Coordinator John J. Miley Major Permit Recommendations June 21, 2013 Page 5 Subparagraph (6)(F) states that piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(G) states that pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: The proposed development is consistent with the intent of this rule. (ii) not extending into the channel portion of the water body; Consistent: The proposed development is consistent with the intent of this rule. (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier -head line. The one-fourth length limitation does not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(1) states that piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. Consistent: The proposed development is consistent with the intent of this rule. Paragrraph (7) Bulkheads Subparagraph (7)(A) states, "Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level." Inconsistent: The bulkhead alignment along the mouth of the cogal averages 4.9' waterward of NWL. JUN 2 6 2013 DCM-► HD C1TY Doug Hugget, Major Permit Coordinator John J. Miley Major Permit Recommendations June 21, 2013 Page 6 Subparagraph (7)(B) states, `Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources." Potentially Consistent: The proposed bulkhead alignments are waterward of a combined amount of —72 sf of Coastal Wetlands which may not be considered `significant'. Subparagraph (7)(C) states, 'Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead." Consistent: The applicant's have indicated that clean fill will be used. Subparagraph (7)(D) states, `Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent: The applicant's property does have an identifiable erosion problem. A t1.5' erosion escarpment exists along the shoreline. (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Potentially Consistent: The bulkhead alignment located at the mouth of the canal and Capsies Creek appears to go beyond the area eroded within the year prior to the application; however the shoreline is irregularly shaped, receives boat traffic wake from the canal, has a large fetch to the northeast and the alignment has been designed in conjunction with a breakwater section along the canal shoreline. (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; PXCEn'ED Consistent: The proposed development is documented in a Field Investigation Report. lull 2 6 2013 (v) the property to be bulkheaded is in a nonoceanfront area. Daf.mm CITY Doug Hugget, Major Permit Coordinator John J. Miley Major Permit Recommendations June 21, 2013 Page 7 Consistent: The proposed development is consistent with the intent of this rule. Paragraph Q 1) Filling of Canals, Basins and Ditches Paragraph (A) states "The area to be filled was not created by excavating lands which were below the normal high water or normal water level." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (B) states "If the area was created from wetlands, the elevation of the proposed filling does not exceed the elevation of said wetlands so that wetland function will be restored." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (C) states "The filling will not adversely impact any designated primary nursery area, shellfish bed, submerged aquatic vegetation as defined by the MFC, coastal wetlands, public trust right or public trust usage." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (D) states "The filling will not adversely affect the value and enjoyment of property of any riparian owner." RECENED Consistent: The proposed development is consistent with the intent of this rule. JUN 2 6 2013 15A NCAC 07K 0209 Coastal Shorelines (c) Management Objective. The management objective is to ensure that shoreline developmenT is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. Consistent: The proposed development is consistent with the intent of this rule. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: Doug Hugget, Major Permit Coordinator John J. Miley Major Permit Recommendations June 21, 2013 Page 8 (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The proposed development is consistent with the intent of this rule. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas ' exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of'this rule. ' - (C) All development projects, proposals, and designs which involve uncovering more than o acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days o completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. Consistent: The proposed development is consistent with the intent of this rule. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. Doug Hugget, Major Permit Coordinator John J. Miley Major Permit Recommendations June 21, 2013 Page 9 (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0601 No Violation ofAnp Rule No development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. RECWW Consistent: The proposed development is consistent with the intent of this rule. JUN 2 ti 2013 15A NCAC 07H.0602 Pollution of Waters No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed shellfish waters when a use attainability study of those waters documents the presence of a significant shellfish resource in an area that could be expected to be opened for shellfishing given reasonable efforts to control the existing sources of pollution. Consistent: The proposed development is consistent with the intent of this rule. Doug Hugget, Major Permit Coordinator John J. Miley Major Permit Recommendations June 21, 2013 Page 10 15A NCAC 07H.2105 — General Permit Specii:c Conditions For the Construction of Sheetnile Sills For Shoreline Protection In Estuarine And Public Trust Waters And Ocean Hazard Areas Paragraph (a) states "The sill shall be positioned no more than 20 feet waterward of the normal high water or normal water level or 20 feet waterward of the waterward edge of existing wetlands at any point along its alignment. For narrow waterbodies (canals, creeks, etc.) the sill alignment shall not be positioned offshore more than one sixth (1/6) the width of the waterbody." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) states "Sills authorized under this General Permit shall be allowed only in waters that average less than three'feet in depth along the proposed alignment as measured from the normal high water or normal water level." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (c) states "Where the Division of Coastal Management staff determine that insufficient wetland habitat exists along the permittee's shoreline to provide adequate shoreline stabilization, the permitee shall be required to plant appropriate wetland species landward of the sill structure as directed by the Division of Coastal Management staff." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) states "Construction authorized by this general permit shall be limited to a maximum length of 500 feet." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (e) states "The sill shall be constructed with an equal gap between each sheathing board totaling at least one inch of open area every linear foot of sill. The sill shall have at least one five-foot_opening at every 100 feet. The sill sections shall be staggered and overlap as long as the five-foot separation between sections is maintained: Overlapping sections shall not - overlap more than 10 feet." Consistent: The proposed development is consistent with the intent of this rule. o XP Paragraph (f) states "The height of the sill shall not exceed six inches above normal hi watef or the normal water level." Inconsistent: The height of the proposed sill is 2' above NWL. Paragraph (g) states "Offshore sill sections shall be set back 15 feet from the riparian access dividing line. The line of division of riparian access shall be established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. The set back may be waived by written agreement of the adjacent riparian owner(s) or when the two adjoining riparian owners are co -applicants. Should the adjacent Doug Hugget, Major Permit Coordinator John J. Miley Major Permit Recommendations June 21, 2013 Page I I property. be sold before construction of the sill begins, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating any construction of the sill. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (h) states "Sills shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above mean high water." Consistent: Subject to permit conditions. Paragraph (i) states "No backfill of the sill or any other fill of wetlands, estuarine waters, public trust areas, or highground is authorized by this general permit." Consistent: The proposed development is consistent with the intent of this rule. Paragraph 0) states "No excavation of the shallow water bottom, any wetlands, or high ground is authorized by this general permit." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (k) states "The sill shall be constructed of vinyl or steel sheet pile, formed concrete, timber, or other suitable equivalent materials approved by the Division of Coastal Management." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (1) states "Perpendicular sections, return walls, or sections that would enclose estuarine waters or public trust areas shall not be allowed under this permit." Potentially inconsistent: The proposed sill alignment is from bulkhead to bulkhead enclosing an area of estuarine waters and the public trust area; however, the area enclosed is shallow in nature and vegetated with wetland plant species. Paragraph (m) states "The permitee will maintain the sill in good condition and in conformance with the terms and conditions of this permit or the remaining sill structure shalURMved within 90 days of notification from the Division of Coastal Management." Consistent: Subject to permit conditions. JUN 2 6 2013 DCM-MAD CITY Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a Major Permit be issued to John J. Miley. I also recommend that the following specific conditions be added to the permit: (1) A pre -construction meeting is required before any development occurs. (2) The permitee stakes the permitted bulkhead and sill alignments for DCM approval. REaMED JUN 2 6 2013 DCM-MAD MY AWA PC- J�CD At North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary June 4, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Ken Pace NC DOT. State Construction/Materials Branch Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review J U N 2 6 2013 John Miley DC&f_MHDOpprp 153 & 155 Williams Drive, Bertha L. Williams S/D, Knotts Island Bulkhead, breakwater, single-family dwelling, docking facility, till Please indicate below your agency's position or viewpoint on the proposed project and return this form by 06/25/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: '7l— This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached commends. SIGNED DATE 1367 US 17 South. Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252.264.3723 ; Internet: www.nocoastaimanagament.net An Equal Opportunity \ AtfirmativeAction Employer E0/£0 39Vd 100011 6£L7TEEZSZ Z4:60 ETOZ/bZ/90 - (( - �'�Y� � 'G.. .: JUN''Y 3 2013 NCDENR yror th CaroI a;Department d Environment and Natural Resourc s;,�r ,r Division of Coastal Management ! Pat Biaxtvn G.paws_-.._ John E Skvatia„III GoveinoC Director <Secretary, Iune 4, 2QO MEMORANDUM - 6/MM l TO Renee Gledhill Early ^ NC°Department ktC lturatResotirces. FROM Doug'Huggett Mayor,Permits`Piocessing poordinator..- i� G StamCT: CAMAlDREDGE_&FILL'PerinitApplication;Review _ -YA Applicant; John Miley _ Protect Location + 153 & 155 Wtlliarns Dnve; Bertha L• . WilliamscS/D, Knotts.Island: Proposed Project Bulkhead, breakwater, single-family-dweWng, docktngfacihty;;fill;, REPLY: This office has no objeetiomto the project as proposed. ThtS,,off ce has no,commont:on tlie,_pzopo�ed projecti Thin offi6e,appfoves4f tlre_project only if.the recommended:ohanges are t ;aneorporated :See:attaehedi,., t =This -office ob'ecfs J hed;=ro E _ -.`continents: 73 1367US1nSoylhEf¢abeUtCO,NC2791)9i P6one 252 264s3°Ot;1 FAX 252 264 3723'- Internet>vnyw.ncaastalmanagementnet JUM 1 4.20,i3 An u EqalOppirtuNlylAffirmaWeAcbdnEtopioyer• —_ 3___ _ . North Carolina Pat McCrory Governor June 4, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: w= NCDENR Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett Major Permits Processing Coordinator Resources CAMA/DREDGE & FILL Permit Application Review John Miley John E. Skvarla, III Secretary .,e RBCam JUN 14 2013 DCMMHDC17p 153 & 155 Williams Drive, Bertha L. Williams S/D, Knotts Island Bulkhead, breakwater, single-family dwelling, docking facility, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 06/25/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects t roject for reasons described in the attached comments. X sty SIGNED DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer i i S j 7 Q�� r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Govemor Director Secretary MEMORANDUM TO: Doug Huggett, Mr Permit Coordinator FROM: Charlan Owen&ICP, NE DCM District Planner SUBJECT: Major Permit Request by John J. Miley to install two (2) sections of bulkhead totaling 151 linear feet, an 84 foot long breakwater, and a docking facility consisting of a 6 foot wide by 42 foot long pier with a 20 foot square terminus platform and two (2) tie -pilings creating two (2) 12 foot by 20 foot boat slips, with one (1) slip to include a boat lift, and fill a manmade basin along Capsies Creek and a connecting manmade canal, and; construct a single-family house with associated driveway and innovative wastewater treatment system; on the property at 153 and 155 Williams Drive, in the community of Knotts Island, Currituck County. Date: June 11, 2013 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through June 24, 2009. Overview: The project site consists of two (2) adjoining lots totaling .54 acre with approximately 325 linear feet of shoreline along Capsies Creek and a manmade canal with a manmade basin connecting to the creek. The manmade basin is 45 feet by 32 feet and has an average water depth of -2 feet. The width of Capsies Creek is 1,100 feet at the project site. The canal width at the site is 50 feet. Water depths at the project site range from .5 feet to 3 feet below Normal Water Level (NWL). Site elevations range from 1 to 3 feet above NWL. Upland areas are vegetated with yard grasses and a loblolly pine. Approximately 3,905 sq. ft. of Section 404 Wetlands and 4,150 sq. ft. of Coastal Wetlands Area of Environmental Concern (AEC) are located on the site and in isolated patches along the shoreline. The property is within Floodzone AE. Existing site improvements consist of light and utility poles and two (2) concrete septic tanks. The property previously included mobile homes on each lot, but has been vacant for several years. Existing shoreline improvements consist of 45 linear feet of cinderblock riprap extending along the canal from the western property line to the basin. Remaining natural shoreline has an erosion escarpment at NWL that ranges from 1 to 1.5 feet in height above NWL. RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723;Internet: www.nccoastaimanagement.net JUN 14 2013 An Equal Opportunity 1 Affirmative Action Employer DCM-MHDCITy North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 2 of 6 Installation of two (2) sections of bulkhead totaling 151 linear feet, an 84 foot long breakwater, and a docking facility consisting of a 6 foot wide by 42 foot long pier with a 20 foot square terminus platform and two (2) tie -pilings creating two (2) 12 foot by 20 foot boat slips, with one (1) slip to include a boat lift; filling of the manmade basin, and; construction of a single-family house with associated driveway and innovative wastewater treatment system are proposed. Sixty-eight (68) linear feet of bulkhead will be located across the mouth of the manmade basin to be filled. The bulkhead alignment will average 26 feet waterward of NWL with a maximum distance of 47 feet. The remaining 83 linear feet of bulkhead will be installed at the mouth of the canal with an average alignment of 4.9 feet waterward of NWL and a maximum distance of 8 feet. The breakwater will be located between the two (2) sections of bulkhead with an average alignment of 5.7 feet waterward of NWL and a maximum distance of 10 feet. The breakwater will be designed to have an elevation of 2 feet above NWL with 2 inch by 3 foot long slots cut into the front of each flange. Water depths within the boat slips range from -2 to -3 feet below NWL. The single-family house will have a 2,000 sq. ft. building footprint and be set back 35.8 feet from NWL. The wastewater system will be set back 35.5 feet from NWL. The waters of Capsies Creek are classified as SC and are closed to shellfish taking. Submerged Aquatic Vegetation (SAV) is present within the waters adjacent to the subject property. A review of archaeological sites on this property or nearby was not provided. Anticipated impacts: resulting from this project are expected to include: the filling of 1,840 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AECs), 3,904 sq. ft. of Section 404 Wetlands, and 72 sq. ft. of Coastal Wetlands AEC; the disturbance of 10,773 sq. ft. of Estuarine Shoreline AEC and 4,473 sq. ft of Uplands outside of the Estuarine Shoreline AEC, and; the shading of 652 sq. ft. of Public Trust Area/Estuarine Waters AECs. Basis for Determination: The site is designated as "Limited Service Areas" on the Currituck County Future Land Use Map (FLUM); with Areas of Environmental Concern (AECs) also designated as "Conservation Areas" as indicated on Page 11-1. As indicated on Page 11-2, the purpose of the Limited Service designation is to provide for primarily residential development at low densities. It is recognized that soil limitations, flood prone areas, and a lack of infrastructure and services may prevent these areas from ever reaching an urban level of development. Base development density should be 1 unit per acre but could be increased to 1.5 units per acre through overlay zoning depending upon whether service facilities are in place or planned. The policy emphasis for Knotts Island is indicated on Page 11-11. Developable areas are to remain as low to very low density residential, at predominately 1 unit per 3 acres. Residences will continue to rely upon individual wells and septic systems for their water supply and sewage treatment needs. RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011FAX: 252-264J723;Internet: www.necoastaimanagement.net JUN 14 2013 An Equal Opportunity 1 Affirmative Action Employer flCM MHDCITY North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 3 of 6 In this case, the two (2) existing platted lots, created in the 1960's, do not meet the predominate development density within the Knotts Island subarea of 1 unit per 3 acres. The two lots are being redeveloped for a single residential unit. Water and sewer needs will be met on site. As indicated on Page 11-1, the purpose of the Conservation designation is to provide for the long-term management and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The designation is applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features. As indicated on Page 11-2, the standards of the Conservation class shall be applied in accordance with the site specific information made available during special studies and/or the land development process. Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". The following LUP policies may be applicable to this request: Public Access Policies (PA): Policy PA1, Page 9-3. "Public access to the sound and ocean waters of Currituck County is essential to the quality of life of residents and visitors, as well as the economy of the area. The County supports the establishment of ADDITIONAL PUBLIC AND PRIVATE ACCESS opportunities to the waters of Currituck County...." Land Use Compatibility: Policy ES1, Page 9-5. "New development shall be permitted to locate only in areas with SUITABLE SOIL and where ADEQUATE INFRASTRUCTURE is available. For existing development located on poor soils, and where sewage treatment upgrades are necessary, engineering solutions may be supported, provided that environmental concerns are fully addressed." Policy ES2, Page 9-5. "NON -COASTAL WETLANDS, including FRESHWATER SWAMPS, AND INLAND, NON -TIDAL WETLANDS, shall be conserved for the important role they play in absorbing floodwaters, filtering pollutants from stormwater runoff, itE=ED 1367 US 17 South, Elizabeth City, NC 27909 JUN 14 2013 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.n=astalmanagement.nef An Equal Opportunity 1 Affirmative Action Employer DCM-bIHBCffY North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 4 of 6 recharging the ground water table, and providing critical habitat for many plant and animal species. Currituck County supports the efforts of the U.S. Army Corps of Engineers in protecting such wetlands through the Section 4042 permit program of the Clean Water Act, as well as Section 4013 water quality certifications by the State of North Carolina." Policy ES3, Page 9-5. "COASTAL WETLANDS shall be conserved for the valuable functions they perform in protecting water quality and in providing critical habitat for the propagation and survival of important plant and animal species. CAMA use standards and policies for coastal wetlands shall be supported. Uses approved for location in a coastal wetland must be water dependent (i.e. utility easements, bridges, docks and piers) and be developed so as to minimize adverse impacts." Policy ES4, Pages 9-5 and 9-6. "In approving new developments, Currituck County shall support the retention or creation of vegetated buffer area along the ESTUARINE SHORELINES as a simple, effective and low-cost means of preventing pollutants from entering estuarine waters. Exceptions to this requirement may include developments involving pre-existing man-made features such as hardened shorelines, ditches, and canals... The County also supports CAMA use standards for all COASTAL SHORELINES, whether estuarine or otherwise." Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependant (public access, docks, piers, erosion control, and other LAMA -approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." Policy ES6, Page 9-6. "The location and design of piers and docks shall not unduly interfere with the rights of the public to the free and unobstructed use of PUBLIC TRUST WATERS for navigation, fishing, and other uses. Efforts to limit the length of piers into public trust waters shall be supported." 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.n000astalmanagement.net JUN 14 2013 An Equal Opportunity 1 Affirmative Action Employer DCM-MADCITY North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 5 of 6 Policy HN8, Page 9-8. "To protect the County's tax base and to ensure the long-term viability of the County's neighborhoods and housing stock, the County will continue to enforce appropriate CONSTRUCTION AND SITE DEVELOPMENT STANDARDS for residential developments. Such standards may include, for example, that all homes have a permanent masonry foundation (except where flood levels require elevation) and a pitched roof and overhang, and that local roads must be built to meet NCDOT acceptance standards." Infrastructure Carrying Capacity: Policy WS6, Page 9-13. "Currituck County endorses the proper use and maintenance of APPROVED SEPTIC SYSTEMS in suitable soils as an environmentally acceptable means of treating and dispersing waste from low -density development." Natural Hazard Areas: Policy NH1, Page 9-16. "The County recognizes the risks to life and property that exist within SPECIAL FLOOD HAZARD AREAS (i.e. areas having a 1 % chance of flooding in any year) that may be inundated during major storm events. The County will continue taking measures to mitigate these risks and will avoid taking any action in these areas that materially increases risks to life and property." Policy NH2, Page 9-16. "The County shall require development and redevelopment within SPECIAL FLOOD HAZARD AREAS to meet the standards of the National Flood Insurance Program and the County's Flood Damage Prevention Ordinance..." Policy NH8, Pages 9-16 and 9-17. "Currituck County encourages owners of PROPERTIES ALONG ESTUARINE SHORELINES to employ the least hardened approach to shoreline stabilization (i.e. marsh grass favored over riprap favored over bulkheading, etc.), provided that reasonable access is available to install the technology available." RECEIVER 1367 US 17 South, Elizabeth City, NC 27909 JUN 14 W3 Phone: 252-26439011 FAX: 252-2643723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity l Affirmative Action Employer DCM-MHD C17Z' North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 6 of 6 Water Quality: Policy WQ3, Page 9-17. "Currituck County supports policies, plans and actions that help protect the water quality of the county's estuarine system by preventing SOIL EROSION AND SEDIMENTATION, and by controlling the quantity and quality of STORMWATER RUNOFF entering the estuary." Policy W04, Page 9-17. "RUNOFF AND DRAINAGE from development, forestry and agricultural activities shall be of a quality and quantity as near to natural conditions as possible. Post - development runoff shall not exceed pre -development volumes." Policy WQ6, Page 9-17. "Currituck County supports the retention or preservation of VEGETATED BUFFERS along the edge of drainage ways, streams and other components of the estuarine system as an effective, low cost means of protecting water quality." Local Countywide Concerns: Policy HP4, Page 9-20. "The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC AND ARCHAEOLOGICAL RESOURCES in the planning area shall be discouraged." RECEIVED JUN 14 2013 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2643901 \ FAX: 252-2643723 ; Internet: www.naroastalmanagement.net DCM-MHDCTPY An Equal Opportunity \ Affirmative Action Employer ©�)h V6_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor June 4, 2013 MEMORANDUM TO: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director Tim Walton ger State Property ffice John E. Skvarla, III Secretary ;. R1;CEi'Jr"D a �. JUN 17 20 3 ffCEIVED JUN 07 2013 DCM-V1MCrTy DOA STATE PROPERTY OFFICE Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review John Miley 153 & 155 Williams Drive, Bertha L. Williams S/D, Knotts Island Bulkhead, breakwater, single-family dwelling, docking facility, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 06/25/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: ✓ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGTED z?4�� DATE 1k '06 -13 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer T J RECEWED e JUN 11 2013 NCDENR North Carolina Department of Environment and Natural Resourom-mRDcrrY Division of Coastal Management Pat McCrory Braxton C. Davis ��? John E. Skvarla, III Governor Director Illl la r nn � _ retary � LI �uN r o 2ot3 l June 4, 2013 S�ellrisn Sanir K'arer ^er,c. c �=-.ear;onal MEMORANDUM TO: Patti Fowler, Shellfish Sanitation DIVISION OF MARINE FISHERIES FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Miley Project Location: 153 & 155 Williams Drive, Bertha L. Williams S/D, Knotts Island Proposed Project: Bulkhead, breakwater, single-family dwelling, docking facility, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 06/25/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaidi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. XThis office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED W—, Q dal f� DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net W0/13 An Equal Opportunity 1 Affirmative Action Employer _ Cr_�y f1�1® �R North Carolina'Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director' Secretary June 4, 2013 DUA:* I'S- L O(p MEMORANDUM R E I V PER D TO: Anthony Scarbraugh, 401/Wetlands/Buffers Division of Water Quality - WaRO JUN - 7 2013 FROM:, Doug Huggett 'Major Permits Processing Coordinator l¢ 4/ �WARO SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Miley Project Location: 153 & 155 Williams Drive, Bertha L. Williams S/D, Kiiotts Island CaCP; Oe,G co. Proposed Project: Bulkhead, breakwater, single-family dwelling, docking facility, fill Please indicate below your agency's position or viewpoint on the proposed; project and return this form by 06/25/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron-Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE DATE rP r- 1367 US 17 outh, E -abeth Ci , NC2 09 Phone: 252-2 _11FAX:25 ,264-37. ;:Internet: www.nccoastalmanagementnet An Equal Opportunity l Affirmative Ad on Employer �a NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director May 31, 2013 Mr. Warren Eadus Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 Dear Mr. Eadus: John E. Skvarla, III Secretary The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of John Miley for State approval for development of property located within the Bertha Williams subdivision in Knotts Island, Currituck County. It was received complete on May 22, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is August 5, 2013. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from May 22, 2013, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right- of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. RECEIVED JUN 0 7 2013 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net DCM-MUD CITY An Equal Opportunity 1 Affirmative Action Employer Mr. Warren Eadus Quible & Associates, P.C. May 31, 2013 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of Ron Renaldi's field report and/or comments from reviewing agencies. Sincerely, Q� ys Frank Je ings District Manager, Northeast District FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC John J. Miley, 744 Forest Mills Road, Chesapeake, VA JUN 0 7 2013 DCm-:-ID ary NOTI(04'$174A CAMA PERMIT APPLIED FOR 'OJCKI N F Ns ICAcic-iTy COMMENTS ACCEPTED THROUGH _- o (a / Zy //3 APPLICANT: Zly Ro44'D C�Fs�FPEJ�KE�94 233 zL C./C 1 3 L� %. A s_c is e- WARREN EA3+o^r .ZS 1- 6 O FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �1 _5? &,N 2E4A4DI PN aF C46$f4 t. rxA Ar.EI�I r l3c.7 US f/wY t? s o�►T!{ ELt%.4dw'Y/ s•TY 140- 2-14CA zs2- 2%vy- 3 7 o f- ec7-. i 3 z w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals@thecoastlandtimes.net FROM: Yvonne Carver for Ron Renaldi DATE: 05/31 /2013 SUBJECT: Public Notice: John Miley John E. Skvarla, III Secretary Please publish the attached Notice in the Thursday, June 6, 2013 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557,(Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File 1367 US 17 South: Elizabeth City, INC 27909 Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer RECEIVED JUN 0 7 )013 DCV.M1iD CrrY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received 05/22/13. John Miley proposes to construct bulkheading, breakwater, single- family dwelling, & docking facility & fill a man-made basin at 153 & 155 Williams Drive in Knotts Island, Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 06/26/13, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Thursday, June 6, 2013 RECEIVED JUN 0 7 2013 "`This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (11/012012) Applicant. John J. Miley Date: 5232013 Project Site County Cumtuck Staff. Ron Renaldi District: ®Elizabeth City ❑Washington []Morehead City ❑Wilmington Project Name: Rover File: Data of initial application submlltal (EX:11WW7)3/122013 Date application "received as complete' in the Field office (EX 1/&2007): W 2013 noon JUIV V 1 w SITE DESCRIPTION/PERMIT INFORMATION PNA: []Yes ®No Photos Taken: Yes® No❑ Setback Required (riparian): ❑ Yes ®No Critical Habitat. Yes ®No ❑Not Sure 15 foot waiver obtained: ❑ Yes ®No Hazard Notification Returned: ❑Yes ®No SAV:®Yes ❑No ❑Not Sure Shell Bottom: Yes ®No ❑Not Sure Temporary Impacts: ®Yes ❑No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from county LUP. ®Yes ❑No Mitigation Required (optional): ®Yes ❑No Moratorium Conditions: ❑ Yes ®No ❑NA Environmental Assessment Done: ❑Yes ®No ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FINS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina El (SY) Salt reed grass (Spartina altemrflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) SO ® (JR) Black needlerush (Juncus ❑ (SP) SaWmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ® Ill(D) Priv. public or Comm w/D&F to 1 can be applied - $250 acre; 3490 cant be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ Ill(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ It. Public or commerciaUno dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ 111(C) Priv. public or comet w iD&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagemeM-net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: John J. Miley Date: 5232013 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Boatlift 1 New Work ® Replace 20 12 Maint ❑ ❑ Y ON Boat slip 1 New Work Replace I Maint ❑ ❑ Y ON Bulkhead (not 1 New Work N Replace 68 1 2 26 NWL wood) Maint ❑ ❑ Y ON Fill Basin 1 New Work M Replace 46 32 2 Maint ❑ ❑ Y ON Bulkhead (not 1 New Work M Replace 8-i 1 2 4.9 NWL wood) Maint ❑ ❑ Y ON Fill (Shoreline New Work Replace 119 stabil. Below h2o 1 Maint ❑ ❑ Y ON level) High ground 1 New Work ® Replace 124 124 disturbance Maint ❑ ❑ Y ON Pier "L" head 1 New Work Replace 42 6 Maint ❑ ❑ Y ® N Platform 1 New Work Replace 20 20 Maint ❑ ❑ Y ON Septic System 1 New Work 0 Replace 60 50 (w/drain field) Maint ❑ [1Y ® N Res. Bldg (single 1 New work Replace SO 40 family)) Maint ❑ ❑ Y ON Breakwater 1 New Work Replace 84 1 Maint ❑ ❑ Y ® N New Work El Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N .1 RECEWW New Work Replace Maint ❑ ❑ Y ❑ N JUN New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace .,.� -... Maint ❑ ❑ Y ❑ N revised Nov. 2012 e NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: John J. Miley Date: 523/2013 Describe below the HABITAT disturbances forthe 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 Exdudes any total includes Excludes any anticipated restoration any anticipated restoration andror restoration or and/or temp restoration or temp impact temp impacts) impact amount) tamp impacts) amount High ground Dredge ❑ Fill ❑ Both ❑ Other ® 15,248 15,248 Low Marsh Dredge ❑ Fill ® Both ❑ Other ❑ 72 72 Open Water Dredge ❑ Fill ❑ Both ❑ Other N 652 652 Shallow bottom Dredge ❑ Fill ® Both ❑ Other ❑ 1840 1840 Shoreline Dredge ❑ Fill ® Both ❑ Other ❑ 151 151 USCoE designated Dredge ❑ Fill ® Both ❑ Other ❑ 3904 3904 wetland Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED JUN 0 7 2013 DCM-MHD CITY 252-808-2808 :: 1-8884RCOAST :: w .nccoastalmanaaement.net revised: Nov. 2012 MAJOR PERMIT FEE MATRIX Aaalicant: f-0-c ,l Selection Development Type Fee DCM % DWQ % (143001601 4351000931625 6253) (243001602 435100095 2341) I. Private, non -commercial - development that doe's not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: H. Public or commercial ' development that, does not $400 100%($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial development, if General $400 100%($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be lied: III(C). If General Water , Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be a lied: IV. For development that El involves the filling and/or $475 60%($285) 40% ($190) excavation of more than RECEIVED one acre of wetlands and/or o en water areas: DCM-MHD CITY IVVV UV IL VV a M111 VI I l UIW"l 11 IJI JYr VV IV P.I 1 - .13 Novembers, 2012 -- Quible & Associates, P.C. Warren Eadus PO Drawer 870 Kitty Hawk, NC 27MQ Re: John Miley Lots 25 and 27 Bertha L. Williams Subdivision Mr. Eadus: As rightful owner(s) of the above referenced parcel, Quible & Associates, P.C- is hereby authorized to act as agents for purposes of environmental permitting related to wetlands delineation and confirmation. In addition, I grant the United States Army Corps of Engineers and the North Carolina Department of Environment and Natural Resources permission to enter the above referenced property for purposes of wetlands confirmation and subsequent permitting. Sincerely, n Jack Miley RECEWED JUN 0 7 2013 DCM-Mim crry Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYM SINCE 1959 CERTIFIED MAIL RECEIPT 7007 2680 0002 5929 7936 March 8, 2013 Jo Ann and Judy Little 1845 Alanton Drive Virginia Beach, VA 23454 Re: Burton Farm Development, LLC CAMA Major Permitting Adjacent Riparian Property Owner Notification Madame's: P.O. Drawer 870 IOtty Hawk. NC 77949 Pho :252-261.= Fm: 252-261-1260 Web: qulbl .com This is formal written notification that the owners of Lot 26 and 27 Bertha Williams Subdivision are applying for a Coastal Area Management Act (CAMA) Major Permit for development of their property. As an adjacent riparian property owner you are required to be notified of the proposed development requiring the permit. All of the proposed work is depicted on the enclosed site plan and includes the construction of a three bedroom home with all required infrastructure. If you have no objections to the project as currently proposed, please sign in the space below. If you have any objections please check the appropriate space and indicate what your objections are. Please retain a copy for your records and return one copy of this letter to: Warren Eadus Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 No response within 30 days of this notice will be interpreted as no objection. You can reach me at (252) 261-3300, or you can reach the DCM permit officer, Mr. Ron Renaldi, at (252) 264-3901 or by mail at 1367 US Highway 17 S, Elizabeth City, North Carolina 27950. Thank you for your prompt attention in this matter. Sincerely, Quible 81Associates, P.C. C-riYG W rren . Eadus, P.G. _ I have no objection to the project as proposed I do have an objection to the project as proposed Signature Date JUN 0 7 2013 DM -MAD CITY w 00 J J m v �QQ KI �_j 0 ru tr m 0 0 0 0 ru u, .n ru .n w n^ 'vO6129 ' 6472 s 07.970 MAR 1 � R61 1 3 2533 KITTY fVeiNK NC 27g49 QUIBLE & ASSOCIATES, P.C. ENGINEERING —ENVIRONMENTAL SCIENCE —PLANNING P. 0. DRAWER 870 KITTY HAWK NC27949 JO ANN ND JUDY LITTLE 1845AAANTON DRIVE VIR IA BEACH VA 23454 NIXIE 234541223-1N 04/01/13 RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD RETURN TO BENDER Ili�tlf�ltlil�lt�lll�tl,Illtll�titll„Ilittlllt�lllttlll�l�ll�l�illl��ll Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • NANNING • SUWEYING SINCE 19W CERTIFIED MAIL RECEIPT 7007 2680 0002 5929 7929 March 8, 2013 Richard and Wendy Hodges 151 Williams Drive Knotts Island, NC 27950 Re: Lot 26 and Lot 27 Bertha Williams Subdivision John J. Miley Residence Adjacent Riparian Property Owner Notification Sir/Madam MAR 19 2013 (30*W1. '!P",ier-Po'ENT P.D. Draw 870 MY Hawk NC 27949 Phone: 252-261,3300 Fax: 252-261.1260 Web'. qulble.c= This is formal written notification that the owners of Lot 26 and 27 Bertha Williams Subdivision are applying for a Coastal Area Management Act (CAMA) Major Permit for development of their property. As an adjacent riparian property owner you are required to be notified of the proposed development requiring the permit. Al of the proposed work is depicted on the enclosed site plan and includes the construction of a three bedroom home with all required infrastructure. If you have no objections to the project as currently proposed, please sign in the space below. If you have any objections please check the appropriate space and indicate what your objections are. Please retain a copy for your records and return one copy of this letter to: Warren Eadus Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 No response within 30 days of this notice will be interpreted as no objection. You can reach me at (252) 261-3300, or you can reach the DCM permit officer, Mr. Ron Renaldi, at (252) 264-3901 or by mail at 1367 US Highway 17 S, Elizabeth City, North Carolina 27950. Thank you for your prompt attention in this matter. Sincerely, Quible soc, tes, P.0 � nnt:;tJVED W en Eadus, P.G. jUiy o 70i9 I have no objection to the project as proposed DC 4i I�'wclD C 11' I do have an objection to the project as proposed 5JAM � �M&KQ 15 013 Signature Date ■ complete items 1, 2, and 3. Also complete A Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse %� so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B' or on the front if space permits. 1. An Addressed to: D. (�I W l wl MKS 17j?�t VE k u � CFS 1`�LA 11 D 3. 2. Article Number (transfer fn "Mice label) PS Form 3811. February 2004 by ( - 17— , APR i 8 2013 No LF Retym Receipt for Merd IosuredAaati.--_ g�c:o:o- 4. Restricted Deliv W (Extra Fee) ❑ Yes 700� 80 0002 5929 7929 Danes& Return Receipt 102595 02-M-1500 Z7 Q o 0 u"Il��1111�1111111111111 eeiimr.I L`i i.. � �l■ RUTTER ORIVE IT z Y 1 �� ajwi, I7 , �U PROPOSED GRAVEL PROPOSED AREAS OF FILL r EXISTING COASTAL WETLANDS I (NO FlLL PROPOSED) r ' PROPOSED TO BE FILLED NON —COASTAL 404 WETLANDS L - - - - (3,904.8 SO.FT.) NOTES: T GAVIAL WATER CLA55IFICATION: PROPOSED FILL = 1,534.0 SO.T. 5 62' 40' 00' E — I2059' PROPOSED APPROX. AREA rBULKHEAD EMERGENT COASTAL (68 LN.FT.) WETLANDS SPECIES NhL 4/76172 .. — — — -- IN ALL BREAKWATER WATERWARD OF EMERGENT ♦ I WETLANDS (FIELD CONFIRM PRIOR TO INSTALLATION) EXISTING 50' EX75TING 75' A.E.G. \ 5 J d x J O i 1. OWNER: LIFE TENANT: AtNORMAJOH PARKER LE SAWYER HALL 2 hJ H D: 5qZ `�ROFOSED'330' BUFFER n n 40.0' \ LOT 26 PROPOSED i DWELLING/BUILDING FOOTPRINT 3 �o\ - ' W 151 m 3,3226 SQ R. PROPOSED FILL 0 N J. MMIU CHE FOREST MILLS RD S CHESAPEAKE, VA 23322 p 2. PIN NUMBER: 075A000OG27O0DO k 075AOGDDO26000O ACTIVE: ADVANTEX iO 3. RECORDED REFERENCE: M.B. 2, PG. 128. D.B. 102, PG. 729: D.B. 107. PG. 440 TREATMENT (TS II) 4. PARCEL AREAS: LOT 26 AREA TO EXISTING NORMAL WATER ONE = 10.943 egfl / 0.25 ayes. A Ew LOT 25 AREA TO PROPOSED NORMAL WATER ONE = IZ471 sq.ft / 0.29 Ocroe. LOT 26 PLAT AREA - 14,1482 aft / 0.34 acres LOT 27 AREA TO EXISTING NORMAL WATER ONE = 12,356 pfl / 0.28 aae . LOT 27 AREA TO PROPOSED NORMAL WATER ONE = 12.672 sq.ft. / 0.29 ones. LOT 27 PLAT AREA - 19,855 sgft / 0.46 acres. 5. WETAND AREAS k IMPACTS: USACE 404 WETLANDS — 3,904.8 SOFT. 3.904.8 SOFT. PROPOSED TO BE FILLED COASTAL WETLANDS = 4,150.0 SO.U. 0 SOFT. PROPOSED TO BE FILLED S. PROPOSED IMPROVEMENTS k IMPACTS: TOTAL IMPERVIOUS COVERAGE. 3,369.3 SO. iT. (13.4% OF TOTAL PROPOSED LOT AREA) APPROX. PO . 206 5' TO LENGTH OF PROPOSED BULKHEADS: 1 LENGTH OF PROPOSED BR AKWAATERS5104 LN.FT. KNOTT5 I5LAND RD. AREA WlHIN 30' BUFFER - 7.703.8 SOFT. PROPOSED IMPACTS WITHIN 30' BUFFER: PROPOSED GRADING, BULKHEAD BACKFILL, AND FILL FOR SEPTIC DISPOSAL. (0 SOFT. OF IMPERVIOUS COVERAGE PROPOSED.) = Ox AREA WITHIN 75' A.E.C. — 16,657.3 SO.FT. �R/i1f PROPOSED IMPACTS "THIN 75' A.E.C.: PROPOSED DWEWNG. GRADING. BULKHEAD BACKFILL. AND FILL FOR SEPTIC DISPOSAL (1,368.4 SOFT. OF IMPERVIOUS COVERAGE PROPOSED) - 8.2% IMPERVIOUS WITHIN A.E.C. WILLIAN5 DRIVE (60' R#V PROPOSED BREAKWATE F(84 LN.FT-) PROPOSED 6'x34' ELEVATED WOOD WALK r, ; 1 MAY 2 2 2013 5 020 40' 00' E — A0..00' PROPOSED +� BULKHEAD PROPOSED (83 LN.FT.) 12'X20' SLIP 0 *y� 9 rl PROPOSED FILL _/ \7.3 SO.T. I. i ♦ /= _l , % ' Y � Q�C EIR pp 1 .SIR 1 \ �, ACTIVE WASTEWATER �' - DRIP DISPOSAL Y PROPOSED \ 1,200 LN.FT. OF DRIP E GRAVEL DRIVE LINE 24" O.C. WITH SIR EMITTERS 24" O.C. PROPOSED (572 EMITTERS TOTAL) EOP Q POTAPIF 2400 SQ.FT. TOTAL WELL I PROPOSED rn 12'X20' SUP WITH BOAT APPROX. AREA EMERGENT COASTAL WETLANDS SPECIES Nrf J9 ANN X LITRE 0 JA7r M LIT7LE LOT29 BERTHA L. A&LI," 5te"SIOJ PIN: 075A00050260" RECDPOED JUN 0 7 2013 DM-MHD MY REYISIOS, 0510MI3 D161772E LOCATION OF COASTAL PIE7LMOS PER DOM m oolz ZZw��ou IO ar¢3U� .own - OJoa� '-1N Roz,,Jl? '/I VI/IwW UU OW WO-'p�3,g zo NI- d OQ d�s6dZ ny�UO 2Mo1 Id CryU-' BWQH0 �a • wpL"�w ni�opm ac nWa)=p 50 gzw UJ wVU113V10W �QO`rj<>>OL CI U¢O�aOm dm FJ pp 4W0_C' wd3nrc n� p n CI CO z w Y 4] OOfN 3 F W p N 2 O Of O 2 M1 U �. I&\'I­�­ II yv F�DDD-un QUn*u.awg 1L10/ZUio ans AM lommy LIFE TABLE Ll1EM LE457H DWFECT70N LI l5_9' 553.06'I2'E L2 1OZ, 5S5'06'12,E L3 law, 538.46,07,E L4 2651' 5 00' 22' 07' E L5 /0.09' 527' N'SO,E L6 /756' 5 61.07' 42' E L7 /24T N 43.32' 38, E L6 2240' N 00' 3/'37' E L4 26.13, N 72, 26' 02' E Ll0 2766' 5 7B•.59, 43' E Lll 6.IO' S 76' S4' 43' E LL7 25100' 5 75.22' 36'E L13 23,06' 564'3T7']2'E L14 1UP 5010'32'54•N LIS 4.42' 517'8'37'N L16 6S„ 537'10'54'N L11 11,42' 538'38'14'E L16 24.70' 5 44' 15'30' E LN Awl 524'35'N'E L20 2662' 5 47' 04' 22' E L21 .35.74' N06'46'27'E L22 662-`A' N 62' 39' 37'N L2W I "M' N 62' 41' SI'TY IN 2966' N33•.S'4/'E 404 CERTIFICATE NETLAND LIRE TAME LINE# LEASTFI DIRECTION L25 630' N 06. 50' 46' E L26 45.41' N O6' S0' 46-E L21 22.50' N 25' 03' 53' E 1-20 21AX N 46' `. 0' 56' E L24 3020' 5 67. 44' 11' E L30 3/2r 5 Co. Y' 04' H L31 2735' S /0' 32' /7' N L32 /46l' 5 26' 2B' 2I' H L33 16.44' 5 26' 2B' 21' N L34 6.66' 5 2/' 31' 01' N L35 16,21' 5 66' 34' 04' H L36 lq.02' N 59' 06' 42' H L37 3.17' N 16' 16' 35' E L36 2266' N 36. 10' 24' E L34 A74' N 47- 37' 15' E L40 16.46' N 35' It, 14' E L41 4.46' N 55. 35' 07' E L42 15."' N 55' 2T 44' E L43 1757' N 54' 27' 42' E 1.44 /7.13' N 51' 22 C6' E NETLAND L/AE TABLE TH DIRECTION T N 40' 26'37'E 2' N /0' 52' 41' E ' N52'l4'O2'E 2' f N 70' 46' 33'E 6' N 70'.3' 5 24' ll'54'E2' N 25' 56' 23' N NETLAND CLRVE TABLE CLRVE* LENGTH RADRS CND LEMSTH CND BEARIMS C5 1157' 44.70' 1135' N 76' 27' 46' E C6 6.14' 50.00' 6,14' N 65' 07' 46' E C7 36.60' 50.00, 37.64' 5 62' 34' 37' H Co 10.65, 50.00' I0.63' N 64' 12' 27' N I CERTIFY THAT TH15 MAP H,45 DRAM UNDER MY 51FERVI51ON FROM AN ACTUAL -VRVEI' MADE UNDER MY 5WERV15ION (5EE NOTE5 FOR DEED REFERENCE] THAT THE BOLADARIE5 NOT SURVEYED ARE INDICATED A5 DRANNI A5 D45HED/BROKEN L/NE5, THAT THE RATIO OF PREC15ION OR P051TIONAL ACCURACY 15 1: IO,OOEt; AND THAT TH15 MAP I•'EET5 THE REQUIIREFENT5 OF THE 5TA99ARP5 OF PRACTICE FOR LAND 5URVEY/N5 IN NORTH CAROLINA (21 NGAC 56.1600). TH151_*-K DAY OF _ _y__, Z�, PLS W____ i TH15 CERTIFIE5 THAT THIS COPY OF THl5 PLAT ACCURATELY DE-P1CT5 THE BOW4DARY OF THE J bRISDICTION OF 5ECTION 404 OF THE CLEAN HATER ACT IN THE ARE45 A5 INDICATED, A5 DETERMINED BY THE UNDER516NED ON TH15 DATE. OTHER AREA5 OF _M501CTION MAY BE FRE5EN7" ON THE 511E BUT HAVE NOT BEEN EVALUATED. VILE55 THERE /5 A CHANGE IN THE LAN OR 00? RIBL15HED RE6ULATION5, THIS DETER14/NA77ON OF 5E5TION 404-MISOICTION MAY BE RELIED M-ON FOR A PERIOD NOT TO EXCEED FIVE YEAR5 FROM TH15 DATE TH15 DETERMINATION HA5 MADE UTILIZING THE APPROPRIATE REGIONAL %FPLEtHENT TO THE /967 CORP5 OF EN6INEER5 NETLAND DELINEATION MAWAL. VICINITY MAP LEGEND: 051 E8 - EX/57"/NG 4 x4' CONCRETE MOW ENT, ECM 0 - EX/5TING IRON PIPE, E/P • - EXI5T/N5 IRON ROD, EIR - 5ET IRON ROD, 51R • - PK NAIL • - CALCULATED FOINT -- QW - NW TER METER Q - TELEPHONE PEP Q - CABLE TV FED': UTILITY POLE V-LAMP 1 y Elie - AREA5 BY ORDINATE METHOD. '� I - LOT 26 AREA TO NORMAL HATER LINE = 10,943 sgft / 0.25 acres.Co - LOT 26 PLAT AREA = 14,1462 sgft /O34 acres. ' - LOT 27 AREA TO NORMAL HATER LINE = 12,366 sqN / 0.28 acres. CD =1 - LOT 27 PLAT AREA = 19,655 sgft /0.46 acres. "'J SUB - .ECT REFERENCES: DB 1062, P6. 724,• MB. 2, PG. 126; - FIELD SURVEY DATE 01126172 4 01104113'� - LOT 26: PIN 075A00000260000 - LOT 27. PIN 075A00000270000 - PROPERTY 15 LOCATED /N NF/P FLOOD ZONE AE 53' AND 5UB.ECT TO CHA BY FEMA. - PROPERTY 15 AL50 LOCATED IN THE COA5TAL BARR/ER RESOLRCE5 5Y5TEM ATEL 11-16-40 BA5E9 ON C01-f- /LAITY CID NO 37007,9; PANEL 9003; 5,FF/X J (MAP NUMBER 372/900300.11 EFFECTIVEPATE. DECEMBER /6�2005 - TH15 SURVEY SIIB.ECT TO ANY FACT5, INCLUD/N6 BUILD/AY SETBACK RE57R/CT10N5, EA5EMENT5, COVENANTS ETC, THAT MAY BE REVEALED BY A FULL AND ACCURATE TITLE SEARCH - NO NC65 MOMfIENT FaW H/THIN 2000: - NETLAN95 A5 DELINEATED BY RUIBLE AND A55OC1ATE5, P.C. J 5WRVEYED 01104173 ()EE NETLAND PLAT OVER 5EPARA7E COVER). NOTE5, CANAL 5 v2' 40' ui' c i2J.54' 5 62* 40' 00" E -- 110.00' "'.w BBJrEIR ry </ INYJ REFERENEE FCL1•d7) hph NPt 9/26172 —� LID, y ., --- --- LIl�L1.2 L13 'L`\ 566°55'21'E r 10022_/TIE F J ; 1 EIR BETNffN LOTS, 12 113 �EIR BE7YEEN LOT516 4 17 \SI& �'v'n �I Q 5IR \ Tl,. / 1.16 ^ L6 \ A6� ABA Lor26' Io ,404 NET AAV -I 3312.6 50.FT. II -SIR G2 /EIR IF ElR G4 G1 G6 /1 LLil \Cy\ L5 L25. (TIE) (TIE) 59P L35 V \ Ar m LOT bpi d^ /p3 \ \\ ADS / azn\ 5IR Irke q/ d2 COA57-AL lr 4,150.05C FT. 9 65 5-4 NEB 5622 SOFT. nD 7 AUF HILLIAM5 DRIVE (60, RA?v BETIr EIR APPROX. 20,95' TO (ONLINE, 1 KNOTT5 I5LANO RD. obb'rEsr R/YI JO ANY M. LITTLE 6 J/DY M. LITTLE LOT26 BERTHA L. MILL/At-15 SU00I05/ON PIN, 075AO00002000LV CLftVE TABLE C11RV£4 LB67H RADNS OD LBlSTH OD E1F.AIR/fG Cl M72' 50ZV' N54' 57/'45'44'N C2 4925' 50.07 4726' 5 66' 40' 44' N C3 mm, S0.U0' 312AF N 43' S/' 52' N C4 12.46' 50,W' 1 12.42' S 69' 48' ll'E W 4126172 �I PROJECT COPYRIGHT © 2013 QUIBLE 6 ASSOCIATES, P.C. WEILAM SURVEY FOR TORN 7. MQ,EY �****•-.---••,1"', FARO 1'' ' P12085 THIS DOCUMENT IS THE PROPERTY OF QUIBLE 6 ASSOCIATES, P.C. ALL RIGHTS ARE �\' ��� .•••••••.,,• I♦ •. SINCE 1959 uible LOT 26 AND 27 & Associates, P.C. DRAWN BY OSSESSIO ANY REPRODUCTION PERMISSION THIS OR PRIOR BERTHA I. VVII.LIAMS = -:_ OLT/TAS OUIBSEN AS OCATES,WITHOUT P.C. WILL CONSTITUTE VIOLATION OF COPYRIGHT TAWS. VIOLATION WILL BE SUBJECT TO LEGAL ACTION SUBDIVISION 95 ENGINEERING * CONSULTING * PLANNING CHECKED BY FRUITVILLE TOWNSHIP CURRITUCK COUN ENVIRONMENTAL SCIENCES * SURVEYING WDE/JHM IF THIS PLAN OR PLAT IS NOT SIGNED AND NORTH CAROLINA `- NC License#: C-0208 SEALED BY A LICENSED PROFESSIONAL THEN THIS PLAN OR PLAT SHALL BE CONSIDERED ♦♦ ♦ •.. .•• ♦ 1 PO Drawer 870, Kitty Hawk, NC 27949 0 40 80 DATE ED DOCUMENT SHAL BE9 SED FOR ♦♦ ♦ •,,,", ,� ,, '•,, MILLER'..`' Phone:_ c 25221266f 12 00 01 17 13 / / AND NO CONVEYANCES. GRAPHIC SCALE IN FEET 1"=4G A *„......... E-Moil: adminisfrafor6quibie.com pd North Carolina Pat McCrory Governor April 25, 2013 Warren Eadus Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 Re: IIZ:f.Si�rw�Tl�l AG'A NCDENR Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary John J. Miley Major Permit Application RECEIVED APR 2 9 2013 DCM-NIMMY On March 12, 2013, the NC Division of Coastal Management acknowledged receipt of the application submitted for John J. Miley located in Knotts Island, Currituck County. An initial screening of the submittal package was conducted, which revealed certain deficiencies that required your attention. The entire original application was returned to you, with an office copy retained for my review. On April 18, 2013, our office received documents for your re -submittal of the ap 1p ication for John J. Miley. My subsequent review, as well as a site visit conducted on April 24, 2013, has revealed that the application for John J. Miley is still incomplete. My office must receive the following data before the Major Permit Application can be accepted as complete: 1. Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: Form DCM-MP-2: - Number 3(b), the lengths listed do not match the narrative and site plan lengths. According to the site plan and narrative, the total bulkhead lengths will be 151'. The application lists the total bulkhead length as 160'. Please verify that the application length should be 151' and I will make the change to the application. ■ Form DCM-MP-2: Number 3(c), the average distance waterward of NWL is still listed as 2'; however, I calculate an average distance of —15.4' for the bulkhead (-26' within basin and —4.9' at the NE comer) and an average distance of —5.7' for the breakwater section along the canal. Please verify and I will make the change to the application. ■ Form DCM-MP-4: - Number 5(b), due to the removal of the breakwater section within Capsies Creek, I now calculate an average distance of —5.7' water -ward of NWL for the breakwater 1367 US 17 South, Elizabeth City, NC 27909 J ne Phone: 252-264-39011FAX: 252-264-3723;Internet: www.ncooastalmanagement.net NO Carolina An Equal Opportunity 1 Affirmative Action Employer {/ YH turally Warren Eadus April 25, 2013 Page 2 section within the canal. Please verify and I will make the change to the application. 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: When color drawings are submitted, 26 copies must be provided. If you would like the submitted color drawings distributed as black and white photocopies please let us know. ■ Accurately depict all coastal wetland areas that are located waterward of normal water level as previously requested. There are patches of Juncus roemerianus located within/adjacent to the proposed bulkhead area at the northeast corner of the property, the basin fill area and the breakwater area. Indicate the pilings associated with the slip on the east side of the platform are tie - pilings. not independent mooring pilings that require an arc -of swing. (previously requested) If you have any questions regarding this correspondence or the pennit process, please don't hesitate to contact me. Sincerely, Ron Renaldi Coastal Management Representative cc: Frank Jennings, District Manager, DCM, Elizabeth City -•Qpug Huggett, Major Permits Coordinator, DCM, Morehead City John J. Miley, Applicant, Chesapeake, VA roullwill-m- 0 L� RUTTER DRIVE k711-1 0 z MAP - %NOTES LEGEND PROPOSED GRAVEL PROPOSED AREAS OF FILL F-— EXISTING COASTAL WETLANDS (NO FILL PROPOSED) PROPOSED TO BE FILLED NON —COASTAL 404 WETLANDS L _'_ _'_ (3,904.8 SO.FT,) j RECERTL) �1 I - �> /ate 4 • =A Pfs Xim,ck 7v vtL.u) RfoC.ncrt wnui �ota'�tevj r'.�L Lf - APR 2 9 2013 CANAL WATER CLA551FICATION. "56" DM�Cily MOORING.PJLE PROPOSED FILL (TYP.; = 1,534.0 SO. T. ' 5 02' 40' 00' E — 120.59' 5 020 40' 00' E -- 110.00' As — PROPOSED PROPOSED F BULKHEAD BREAKWATER x10 PROPOSED PROPOSED a (68 LN.FT.) (84 LN.FT.) BULKHEAD 12'X20' SLIP o NrTL4r2en1 �— — — — — — — — — — — — xao W i a INSTALL BREAKWATER 4qA .0 I � WATERWARD OF EMERGENT I I?Vk l WETLANDS FIELD CONFIRM 40O 5/R PRIOR TO INSTALLATION) PROPOSED ao. UPEbF ro 6'x34' ELEVATED PROPOSED �30,,BUFFER UFfER „��� I WOOD- WALK Evr5rl(,� �10LFFFF, 40.0' PROPOSED FILL '306.3 SO.T.LOT16 IIPROPOSED UILIDNGOoDWELLING B -'� >S W FOOTPRINT PROPOSED FILL �' • '0^ ., l+ f ` f [I LOT 17 _= 382.7=50. T.— t. '.15.0� 404IF]Ii11D' ,I •II f•1 I =a _"/ - - \� ;-� ''PROPOSED FILL • f '4 fffff 05ACE E.157ih;j %5' -T.EG. 3,322.6 T. , IOf YEFLNU--4-, ` ` / Pi COO , r1-=< '[ NOTES: 2' I a \. �!\•T•_{y'/°M I. OWNER: LIFE TENANT: - NORMA PARKER SAWYER HALL >J. j & JOUN J. MILEYllll o 3 744 FOREST MILLS RO- CHESAPEAXE, VA 23322 PROPOSED 12'X20' SLIP WITH BOAT LIFT & ROOF 2, PIN NUMBER: 075AC00002700OU & 075A000D()26D000 G\' SIR NIP i � 3. RECORDED REFERENCE: N.B. 2, PC. 128; D.B. 1082, PG. 729; D.B. 107, PO, 440 ElR G I � PROPOSED � '� � ,XJ AWJM LITTLE f r 4. PARCEL TEAS: LOT 26 AREA TO EK16TiNG NORMAL WATER LINE = 1012.4 aqR / 0.20. acres. LOT 26 AREA TO PROPOSED NORMAL WATER asE = f2,4]t sq.fl. / 0.29 acres. O LOT 26 PUT TEA I EXISTING NO MsqftAL / 0.34 ogee. LOT 27 AREA TO EXISTWG NORMAL WATER LINE a 126 eqR / 0.2acres. Ii LOT 27 AREA TO PROPOSED NORMAL WATER LINE 12.12.872 a90 acres. / .29 ocrca. M LOT 27 PUT AREA 19,855 aglt / 0.48 acres 0 i � 5. NEIUND TEAS &IMPACTS: n USACE 404 ILETLANOS = 3.904.8 SOFT. 3,904.9 SQ.FT. PROPOSED TO BE FILLED COASTAL WERANDS a 4,150.0 SO.FT. y 0 SO.FT. PROPOSED TO BE FILLED 6. PROPOSED IMPROVEMENTS & IMPACTS: APPROX. 2065' TO TOTAL NPERMOUS COVERAGE: 3,369.3 SO.FT. (13.4% OF TOTAL PROPOSED LOT AREA) KNOTT5 I5LAN9 PO. a LENGTH OF PROPOSED BULKHEADS: 151 LN.FT. o LENGTH OF PROPOSED BREAKWATERS: 84 LN.FT. m AREA WITHIN 3V BUFFER = 7.703.8 SO.FT. 0 PROPOSED IMPACTS WITHIN 30' BUFFER: PROPOSED GRADING, BULKHEAD BACKFILL, AND FILL FOR d SEPRC DISPOSAL (0 SO.FT. OF IMPERVIOUS COVERAGE PROPOSED) - OE of AREA WITHIN 75' A.E.C. - 9.038.8 SOFT. n IMPACTS DISPOSAWTMIN 75' A.E.C. : PROPOSED DWELLING, GRADING, B"HEAD BACKFILL, AND FILL FOR SEPTIC (1.366.4 SOFT. OP IMPERNOUS COVERAGE PROPOSED) - 15.1E IMPERVIOUS WITHIN A.E.C. 6 �R .GRPVEL DRIVE EOP WILLIAM5 DRIVE (b0' R4V Pr SIR PROPOSED POTABLE WELL I / JO)'1. LITTLE LOT 18 BERTHA L. WILLIAM5 5tWJW510N PIN, 075ACIQ"2eo" h • 2a W n E' P J R a+�� N V W OmZCO� WLa N z 4J JU A`CISa W V/ •1'44 z 2U O N PYNN� O �iz W W a T 17 a l- -C �7 h � x1- = \ O U M\\\ Y U t \ N y 0S u � bo N K < � oH O Z a tt�I Ri Z � JO J OG n 2 W W W W ZN m p0'o 6 CSOU fl u52�IAp i22 S�Ij> ,^ Zi0¢¢ yl y)UW OO VI K�ZW W �UU NF D.�Oa;g Zr'SmE 00 K NFW ©O d�O2d~ VILL U i •'VI L;ac On VG =FawSww ai'"o�`i�n �u 0�s Z0rul Um s I1�'d/U'A ZQ0 zz O XXOOv,<i4m o� O O din inm0� ��VI=UO tq o W W a s o i y U (Unavailable) ox•, (CRI WB'91'1 an-W 18P2W (CURRITUCK) Produced by MyTopo Terrain Navigator Topography based on USGS 1:24,DOO Maps North American 1933 Datum (NAD33) Polyconic Projection To place an the predicted North American1927 1927 mole Me projection lines 17M N and 31ME KNOTTS ISLAND QUADRANGLE NORTH CAROLINA TOPOGRAPHIC SERIES (Unavailable)5.1 on.'ofww 698' 3T52,W N �.a --075° 075' W 00.00' W 075° 55' 30.00" W 55' 00.00" W 075° 54' 30.00" W 075°51 1 11111 I , #.3 - Fgl1P� I ,J �oi�n T. h1,ty �—� -- Z o / '< SI�t �Ock�IN^ us6S cue.d. APR 18 2013 Z $ u p a Z - ° Knight Z BRACII ITY .,Point , $ - ------- —.—.___� `• --- ---- g M. m — - John Mlay Ldt m 26 an W27 Williams Sveai Z - �.. to m Q 1n o m o J O _ U] �~ J Z - Z O o . f'c b - - — !� C (id S I CD Cam V.Poir, \ 1- co pp c Nf '- - ht C $09 T lill I. it 075° 56' 00.00" W 075' 55' 30.00" W 075' 55' 00.00" W 075' 54' 30.00" W 075' S SISN DeGination (onncv) Ile SCALE 1:24000 14 0 1 MILE 0 10DO YARDS 0 1 KILOMETER GN 0.55' W CONTOUR INTERVAL 5 FEET MN 10.80' W MEAN SEA LEVEL nn�a xMµf0.A1f 3vaileble) YS! 31'15. YN 075'51'o1.33.1N (COROLLA) KNOTTS ISLAND, NC 1954 A@ h i *=ram g 6 T, 4 of � r =; •i r r •` ./' `�-44 i IIIIIiI Illlijijjl. W-16 ll j Ire.._ � ■� .• Awl f �_ • f . r a M s . r.� -S'VMW9 R. _.4 yv iJ N k � f max, ' ! ♦y it .}� y� v r ,s .ri�.rvY s y L. pt �s a ' ^ru. Y v • x. _ s g A� �`^5°`�?� ".'E 'd 41fx' gi9T � w' \ h xf •% � rF 1 { .'.. t i * I } ^ RECENED UN 0 7 2013 DCWMHD MY BOOK 10 S 2 PAGE 0 r 2:) Ie42/2�iT107;TRANSFERTA?•AMOUNP IZ Rcordid: 0/300 54:MI �i ►.,t_1-s�,aCt Fee Mt: $17.00 Page 1 of 2 %ro Du1TFICO7dEC1bR Exclee Tax: , ' + - Currltuck County, NC Charlene YnDowdy Realotgrr /�of�{Deeds Taxpliectot at, n tNoD ImquentTaxes aK 1082 Pe729-{3Q--'----"— •.5 Ard Due.•Datc 0 Certification upii" ianvr p i e y ar foitowing certification date r_ " ti • NORTH CAROLINA GENERAL WARRANTY DEED I APR 18 2013 :'Excise Tax lr\ 0f12 Recording Time Tax Lot Nuh. Parcel Identifier No. Verified by County on the day of by T Mail after recording to Norma all, 1084 Saint Julian Drive Chesapeake VA 23323 .A This instrument was orepakeol by John J. Flora,, Ill, Attorney at Law Brief description for the I de:�—' � �—� �T DCM-MflD MY THIS DEED made this kh =+ day of � f �arch 2009 ,by and between T GRANTOR GRANTEE IRVING R. HALL and'wife,f ' NORMA PARKER SAWYER HALL, NORMA PARKER SAWYE"- ALL a life estate only, and JOHN J. MILEY, :• : '. the remainder after the life of NORMA I ' PAfiKER SAWYER HALL I I '.744'Forept Mills Road �, 'Gffesapeake, VA 23322 Enter in appropriate block for each party: naMhq�address, and, H approprlate, character of entity, e.q. corporation or partnership. , j The designation Grantor and Grantee as used herein $hall include said parties --their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as rsquired by conteA. WITNESSETH, that the Grantor, for a valuable consideraf.9n paid by'the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargaln; so zind convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of I•. , `', Fxuitville Township, Currituck County, North Carolina and more parttcutarty desChbed as follotys: Those lots numbered 15, 16, 26 and 27 as shown and delineated Ln 1 'at;' rtain thap,of the subdivision entitled "Sub - Division of Lot #1 and part of Lot #2. Bertha L. Williams Estate", prepared by Wilford P. L'arge'und ' date bf January 2, 1968, and recorded in the Public Registry for Currituck County in Deed Boole 107, Page' 0 w (b that in Deed from Joseph T. Crosswhite. Jr., at ux, at al to Henry Co. Magee recorded in Deed hook ?07. Page 8 ".,,' is also made to Deed recorded in Deed Book 108, Page 230. i ,� , r •