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HomeMy WebLinkAbout70-13 Newton, JosephSTATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission �erm�it for pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 to Joseph Newton, 239 Duke Street, Norfolk, VA 23510 sizing development in Dare County at Currituck Sound, 1328 Duck Road, as requested in the permittee's application dated 3/7/13 including the it, issued on hme. 13, 2013 is subject to compliance with the application (where consistent' -rmit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility Unless specifically altered herein, this permit authorizes the docks, piers, platforms 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 these docking facilities without -permit modification." No non -water dependent uses,of structures shall be conducted on, in or over public trust waters without permit modification. No sewage, whether treated or untreated, shall be discharged` at any time from any boats using the ',.docking facilities. Any sewage discharge at the docking facilities shall be considered a violation of this, permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structures. (See attached sheets fo'r Additional Conditions) ermit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the dified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. appeal requires resolution prior to work initiation or ice as the case may be. )ermit must be accessible on -site to Department 1-when the project is inspected for compliance. Braxton C. Davis, Director aintenance work or project modification not covered ivision of Coastal Mire r-requires further Division approval. g must cease when the permit expires on December 31, 2016 this permit, the State of North Carolina agrees ject is consistent with the North Carolina Coastal This permit and its conditions are hereby accepted. Signature of Permittee Permit #7043 - -- Page 2 of 3 ADDITIONAL CONDITIONS The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structures and the adjacent properties riparian access corridor. attempt shall be made by the permittee to prevent the full and free use by the public of all ers at or adjacent to the 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 party. This permit does not authorize the interference with any existing or proposed Federal project, and the p'ermittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public Jbe,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. permit does not authorize any formalized boatslips in association with these docking facilities. Bulkhead The alignment of the authorized bulkhead shall be staked by the permittee and approved -on -site by a ;representative of the Division of Coastal Management within a maximum of 30 days prior to the start of µconstruction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse ;?.weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. backfill material shall be placed within 30 feet of the normal water line, except that which will be 3 to backfill the area behind the permitted bulkhead. bulkhead shall be constructed prior to any backfilling activities. temporary placement or double handling of fill materials within waters or vegetated wetlands is not bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the 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. All backfill material shall be clean and free of any pollutants except in trace quantities. -- - - - - - -- - - - _ - - } 'Jose Newton Perthit7#7043 Page 3 of 3 ADDITIONAL CONDITIONS •r Sedimentation and Erosion Control order to protect water quality, runoff from construction shall not visibly increase the amount of pended sediments in adjacent waters. ound cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed ediately landward of the bulkhead cap immediately following completion of backfilling activities. tions of the 60' x 10' earthen construction access ramp shall be stabilized and restored to pre - grade within 30 calendar days of completion of construction. 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 d'ue notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused "thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. wetlands shall be excavated or filled, even temporarily, outside of the areas indicated on the attached rkplan drawings. permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the en approval of the Division of Coastal Management. permittee and/or his or her contractor shall meet with a representative of the Division prior to -ct initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, r approvals or authorizations that may be required. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 13-0364. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2013-00738, which was issued on 6/13/13. Project Narrative Joseph R. Newton 1328 Duck Road. Duck, North MAR 1 1 2013 ELIZ i'.;iY The applicant owns two lots in Duck that are on the Currituck Sound. The shoreline supports a dilapidated bulkhead which has resulted in an area of erosion between the segments of the bulkheads which are not dilapidated. There are also pilings which were part of a bulkhead that was replaced a number of years ago, and these pilings have been revealed by the demise of the replacement bulkhead. This gap accelerated erosion which has also been exacerbated by Hurricanes Irene and Sandy. The applicant proposes to replace the entire bulkhead two feet waterward of the alignment of the dilapidated bulkhead. The average distance is 15.25 feet waterward of the normal water level. The greatest distance is 34 feet. The proposed bulkhead is proposed to extend in a straight line between the two existing bulkheads on the south and north. Two identical piers are proposed that will be 200 feet long by 5 feet wide and will access two 600 square foot "Tee" heads. The shoreline will be accessed by producing an earthen ramp on the south side of the property within the 20-foot easement area. This will utilize the existing driveway and minimize land disturbance. The ramp construction will result in 1,000 sq. ft. of disturbance. The bulkhead construction and backfill will produce another 9,900 sq. ft. of disturbance for a total of 10,900 sq. ft. of disturbance. The wetland area on the north side of the property will not be filled or impacted. At some time in the future, plans are to construct two homes in the areas of Flood Zone X which are located outside of the 75 foot Estuarine Shoreline AEC. APR 0 2013 ncM-Mc1TY NEW APPHOA110N for Malor levelopment Permit (last revised 12/27106) MAR 11 2013 North Carolina DIVISION OF COASTAL MANAGEMENT 1 PrimaryApphcant/L'andownerinfoimabon V ..,.. Business Name - Project Name (if applicable) Applicant is First Name MI Last Name Joseph R. Newton Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address _ PO Box City State 239 Duke Street Norfolk VA ZIP Country Phone No. FAX No. 23510 USA 757-439-6239 ext. Street Address (if different from above) City - State ZIP Email newton@macts.com 2 Agent/Contacto'r lnformatioh. w y. Business Name Environmental Professionals, Inc. Agent/ Contractor 1: First Name MI Last Name George H. Wood Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3368 Kill Devil Hills NC ZIP Phone No. 1 Phone No. 2 27946 "' `:' 'd 252 - 441- 0239 ext.105 252 - 423 -1234 ext. FAX No. Contractor# 252 441 0721 Street Address ('¢different from above) City State ZIP 1404 S. Virginia Dare Trail Kill Devil Hills NC 27948 - Email obxwood@yahoo.com <Form continues on back> 252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net r Form DCM MP-1 (Page 2 of 4) "'D APPLICATION for Major Development Permit 3. Project Location I County (can be multiple) Street Address State Rd.# r;-,a; T,I ,. -" Dare 1328 Duck Rost Ei_' .^ NC-12 Subdivision Name City State Zip N/A Duck NC 27949- Phone No. Lot No.(s) (rf many, attach additional page with list) 757 - 439 - 6239 ext. A, B, I , a. In which NC Nor basin is the project located? b. Name of body of water nearest to proposed project Pasquotank 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. Duck 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 181 Feet (after bulkhead construction) 50,045 sq. ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 25,102,124,943, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 8.0 ❑NHW or ®NWL e. Vegetation on tract Phytolacca americana, Padus serotina, Ipomoea lacunosa, Iva frutescens, Baccharis halimifolia, Rhynchospora sop. f. Man-made features and uses now on tract Deteriorated bulkhead, pilings, driveway g. Identify and describe the existing land uses adiacent to the proposed project site. public access, residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity 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 ❑ National Register listed or eligible property? ;. Hfn V V LUIJ <Form continues on next page> DCM•MBDCITY 252-808-2808 :. 1-888-4RCOAST :: www. nccoastalma nagement. net Form DCM MP-1 (Page 3 of 4) `i L.LJ MAR 1 1 2013� APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? I ®Yes ❑No . (ii) Are there coastal wetlands on the site? ' J CKYes INo (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. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5 Activi Yes and Impacts; Pl a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Shoreline stabilization, two single-family residential c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. water jetting of pilings, bulldozer to backfill d. List all development activities you propose. shoreline stabilization two 200 foot long x 5' wide piers with a +/- 600 sq. ft. tee heads e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 10,900 ®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. None I. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA - If yes; will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. . <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net . 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 Rams below, if applicable, must be submitted in order for the application package to be complete. Items (a) — Mare always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. ya. A project narrative. . 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- . A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. . A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. . 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 Snow Geese South Homeowners Association, Inc. co John Gaw Phone No. Address P.O. Box 4890 - Kitty Hawk, NC 27949 Name Stephen Brodie Phone No. Address 7001 Buxton Terrace - Bethesda, MD 20817 RECMVM Name Phone No. Address rAPR 0 8 2013 �3 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitiee, and issum dates. VillAISO43 jsS.,k.d Vlrjlgt6 �. � rnAh-1 b. vllch d R.AA- DCM-M�DCITY h. Signed consultant or agent authorization forth, if applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. 7. Cer0fication and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date ��%�� 3 Print Name (7)t' Signature iY ?� Please indicate application attachments pertaining to your proposed project. MAR ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and ulve s 2013� ❑DCM MP-3 Upland Development j ®DCM MP-4 Structures Information "' ' 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) r7l r�i) . IMAR 11 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 (excluding NWL Breakwater shoreline stabilization Length Width p. Existing De De th Final Project,(� DepthIIN�Q,�"p;�� tvE a. Amount of material to be excavated from below NHW or NWL in cubic yards. 1 C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None Oil Describe the purpose of the excavation in these areas: a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW — ❑SAV ❑SB _ OWL _ ❑None (ii) Describe the purpose of disposal in these areas: Type of material to be excavated. d. High -ground excavation in cubic yards. b. Dimensions of disposal area. d. (i) Will a disposal. area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? 252-808-2808 :; 1.888-4RCOAST ;; �yv,rlccoa: ralmariagemcnt,}zcf revised: 12i26'06 �rrri DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 Structures) a Type of shoreline stabilization. b. Length. 181 ®Bulkhead ❑Riprap 1--]Breakwater/Sill ❑Other: _ Width: 2 C. Average distance waterward of NNW or NWL: 15.25 feet d. Maximum distance waterward of NHW or NWL: 34 e. Type of stabilization material: vinyl bulkhead g. Number of square feet of fill to be placed below water level. Bulkhead badfill 2.700 Riprap Breakwater/Sill _ Other _ i. Source of fill material. commercial supplier f. (1) Has there been shoreline erosion during preceding 12 months? ®Yes []No ❑NA (it) If yes, state amount of erosion and source of erosion amount Information. +/- 20 feet h. Type of fill material. RW sand APR 0 8 2013 T)rkT-'v!llM t'ITF � 4. OTHER FILL ACTIVITIES This section not applicable 'I (Excluding Shoreline Stabilization) a (i) WiII fill material be brought to the sde? Q�Yes ❑No ❑NA b. (i) Will fill matenal be placed in coastal wetlandstmarsh (CW), If yes. submerged aquatic vegetation (SAV), shell bottom (SB), or (it) Amount of material to be placed in the water_ other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area (>y X1 O (iv) Purpose of fill AZ. ❑CW — ❑SAV _ ❑SB OWL _ ]4None Ea r Diu n r } w. A c P (it) Describe the purpose of the fill in these areas: M H 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? b. What type of construction equipment will be used (e.g.. dragline, backhoe, or hydraulic dredge)? Bulkhead backfilled and stabilized with grass. waterjet - hand tools backhoe for backfill C. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ONA d. (i) Will wetlands be crossed in transporting equipment to project she? ❑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 avoid or minimize environmental impacts. 7 /7// 3 Date. nLlb757 FEiT- - Applicant N e r Project Name s ry + } y r t a ,-t( Appli gnature t I 252-608-280£3 :: 1-888-4RCOASF::..,�iw.rec-:.,>r;tnlmanagemenx. --- -_�- -_-J lie i revised: 12i26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) MAR 1 1 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. a. () Is the docking facility/marina: b. (t) Will the facility be open to the general public? ❑Commercial ❑PublidGovemment ®Private/Community ❑Yes ®No c. (i) Dodk(s) and/or piers) d. (i) Are Finger Piers included? []Yes ®No (ii) Number 2 If yes: (iii) Length) ; , 200: .I i a (ti) Number (iv) Width 5 (iii) Length — (v) Floating []Yes ®No (iv) Width (v) Floating []Yes ❑No e. (i) Are Platforms included? ®Yes []No I. (i) Are Boatlifts included? []Yes ®No If yes: If yes: (ii) Number 2 (i) Number (III) Length 30 (iii) Length (Iv) Width 20 (Iv) Width (v) Floating []Yes ®No Note: Roofed areas are calculated from ddpline dimensions. g. O Number of slips proposed h. Check all the types of services to be provided. 0 ❑ Full service, including travel lift and/or mil, repair or (ti) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips*) only, number of slips: ❑ Dry storage; number of boats: _ - ❑ Boat ramp(s); number of boat ramps: ' ❑ Other, please describe: t. 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: 12 m. (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of be pilings? 0 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). let skis I. (1) Will the facility be open to the general public? ❑Yes ®No 252.808-2808:: 1-888-4RCOAST :, www.nccoastalmaoanement.net revised: 12127/06 Form DCM MP-4 (structures, Page 2 of 4) I ��(7S:K� IJYCs FA IFJ 'fMA'R/NA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. - - ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: - I ❑ showers I MAR i 1 -013 ElBoalholding tank pumpout; Give type and location: ) b. Describe treatment type and disposal location for all sanitary wastewater. I c. Describe the disposal of solid waste, fish offal and trash. RECEIVED ' s APR 0 S 201 d. How will overboard discharge of sewage from boats be controlled? DCMMHDCffY 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. Give the number of channel markers and "No Wake" signs proposed. I. 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? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No 252-808-2808 :: 1-88"RCOAST :: www.nccoastalmanagement.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 marinaldoc king facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL _ ❑None 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. a. (i) Is the boathouse structure(s): ❑Commercial ❑PublidGovemment ❑Prwate/Community (ii) Number I \_' f _ (HQ Length (iv)Width ;o i., . „. NOW Roofed areas are calculated from alripfine dimensions. a. () Number (i) Length (iii) Width a. Length c. Maximum distance beyond NHW. NWL or wetlands a. Is the structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured hom marsh edge, if present e. Arc of the swing _ MAR 11 2013 I- b. Average distance from NHW; NWL, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised( 12/27/06 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. +/- 22 feet +/- 100 feet Note: For buoy or mooring piling, use arc of swing inGuding length of vessel. c. Width of water body 2 miles e. (i) 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. a. Give complete description: r Date Project Name /J ) _/ ae..e2g4P_ 0- � drr zf 6s �yih Applicant Name Applicant Siena re d. Water depth at waterward end of structure at NLW or NWL 2.5 j MAP 11 2013 � I RECEIVED APR 0 8 2013 DCM-MHD C11y 252-808.2808 :: 1-888-4RCOA5T :: www.nccoastalmanagement.net revised: 12/27/06 2013 MAR 1 i WETLAND DETERMINATION DATA FORM — AGantic and Gulf Coa stal Ei h PmintllSi w 1328 Duda Road - Ckv/Coultr.. Dude— Date County -_ - - amilwo Date: 9.10-12 AppicenFOwner. Joseph "ME Slate: NC. Sampling Pot S Fadtf4 Imespgater(s): George H. Wood. PW8 Seaow Tormship, Range: 111tdi Landform (hlilslope. terrace. etc.): Slope .. Loral refef (concave, convex, none): Comex Slope (%): 5 Subregion aM or MLRA): Realm T 1538 Let .38.189E Long:-75.7610 _ Dahm:. None Soil Map Until Name: Corolla - - NWI classification: E2SS3P Are e0rrialk / hydrologic corudidons,an the site typical for iets lrne of yeas/ Yes No (if no, ekplatn In Remarks.) Are Vegetation [3. SOD _0 , or Hydrology _ 0 s1gNGc9mM disturbed? Are'Normal Circum#tarms7 present? Yes ® No ❑ ..Are Vegetation Q . Soti 0 . or Hydrology Q naturaly probielhatk:7 (If needed, elrpiein arty artswets M RertledQ SUMMARY OF FINDING$ — Attach site map shA Nin >18mpltrtg point Ioeatlofia,1Mw1aQCts, 1ft tant features, etc. ttooII Hydrophylic Vegetation Present? Yes _❑ No M ff--1 11 pqle tie aarrnpttW Any Hyddc Sol Present? Welland Yes y _ No -M iMUdn s WuNf 'nd? Yes , No R HYDROLOGY WeW nd Hydrology, ledirators: .. h_01n lndreatore (mi�mn of We mauired) Primary In0i,ators (minimum ofcane Is reamed: dratic al(thet aooN) $ol Crodts (BB) Sparsely Vepetnted Concave Stafsoe (BB) ❑ SuiWater (Af) ❑. Aquatic Fahiu 03) raee r-l$wfa,ce, E1 ❑ High Wale, Table (A2) ❑ Mad Dapoet)s (615) (LnR U) ❑ Dminagepatleme (1110) ❑ Saturation (A3) ❑ Hydrogen $olfde Q11or (C7) ❑ Moss Trim pet" (B16) 0 Water Marks (81) ❑ OxidrL ld Rt4lzosphe ee on LNM ROOM (C3) ❑ Dry -Season Water Table (C2) 0 Sedknenl Deposits (82) ❑ Presence of Reduced Iron (G) ❑ Crayroh Bwraws (CB) ❑ Ddh Deposits (83) ❑ Recent Iron .Redu Lion In Tilled Soes (C8) ❑ Saturation ViaiA can Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Thin Muck Surface (C7) ❑ Geomorphic Position (D2) ❑ Iran Deposits (85) ❑ Other (Explain in Remarks) ❑ Shallow Agttbrd (03) ❑ Inundation V sible on Aerial Imagery (87) ❑ FAC-Neutral Test (OS) Water 'aired Leaves B9 Sphagnum moss 08 LRR T, U Field Observations:- -- Surface Wale, Present? Yes _1❑1qq No �lr�--II Depth (inches): Water Tame Present? Yes _1IRoI No _trl Depth (,,t.): 21 Saturation Present? Yes _Ipt No F1 Depth ruhdhes): Ica Wetland Hydrology Present? Yes n tie Jpt es ra illa Describe Recorded. Data (stream gauge, mon8oring well, aerial photos, previous inspections), 8 available: Remarks: Area does not meet criteria for hydrology. US Army Corps of Engineers Adantic and Guy Coastal Pldn Region—Vewton 20 VEGETATION (Four Strata) — Use scientific names of plants. Absolute Dominant Tree em at(PI01 Site: .1 aria 1 % Crner - 1. Cams iuinoensi5 2 3. 4. 5. 6. 7. 2 = Total Cover 50% of total cover: 20% of total cover.- SaDlinSnn,b- bud t (Plot size: 1 acre ) Sampling Point 5' E Indicates Dominil Test worksheets Status 'AC Number of Dominant Species That Are OBL. FACW, or FAC: 2 (A) Total Number of Dominant Species Across All Strata: _3_ (a) Percent of Dominant Spades That Are OBL, FACW, or FAC: _67_ (A/B) 1. Pcol amencana 10 FACU 2 Padus adus scrolina 5 FACU 3. 4,_ — e. -E ❑ _ 8. 15 - Total Cover 50% of total cover: 20% of total cover: r0 5211,;, (Plot Site. 1. 2.- 3. 4. 7. 9. 11 12 = Total Cover 50% of total cover: 20% of total cover: woodyVing_5_>ratum (Plot eiZe' 18Cte 1 1 I; :,,ncsa 2 2. - 3. 4. _ 5.._-. 2 = Total Cover 50% of total Cover: 20% of total cover. Re ' r . err:rd fist moroMloolcal adanrarl. rva.vr i Area r c r., j Criteria for hydrophylic vegetation. FAC Total % Cover ot. species MtdtiOM X1. by, W species X 2 - species • X 3 = 12 U species 15 X 4 - 60 species X5. mn Totals: 19 72 (8) =H/A. O 1 - Rapid Test for Hydrophylic Vegetation ® 2 - Dominance Test is >50% ❑ 3 - Prevalence Index is s3.0' Problematic Hydropnytk Vegatationr (Explain) 'Indicators of hydrk sou and wetland horology must be present. unless disturbed or Problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cn) or larger in diameter at breast Might (OSH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 In. DDH and greater then 3.28 R (1m) tan. Herb - All herbaceoue (non -woody) plants, regardless Of Size, and woody plants less than 328 ft fall. Woody vine - All woody vines, greater than 3.26 n. in height. Hydrophytic Vegetation Present? yea F1 No RECBNED APR 0 S 2013 DCM MHD rrry US a,nw , , , , ,r r,,gmeers Atlantic and Gulf Coastal Plain Region -Version 2.0 Profile Description: (Doscribe to this d*pth needed to document the inofcalsor or corAtirso atirganor " - P14 Matrix Redpir Features "I Cofer (moist) Color(moist) Type' kqe Texture 3 Is 10 YR 514 'Tyl.-:: C=Co.;nlalon. I) -Depletion, RM-ft4tiwo Matrix. Marovantif or Coptod Send Grains. 2140 Rydric Soil Indicators: 0 PoiYvaithe I lisl"C Epipedon (A2) 0 Thin DaMil; Slack Histic (A3) 0 Loamy My Hydrogen Sulfide (AQ Q Loamy CitE S!aililied Layers (A5) 0 lileplefid 1 Bodies (AG) (LRR P, T, U) Redox Dar 5 Jucky Miwall (A7) (UM. P, T. U) F..i belifetw E Presence (AS)(LPR U) 0 Re.d9octiq j I un Muck (A9) (LRR P. T) Mad IF 19 1 ) I jN;Ieled Below Dark Surface (All) Deplattid C Thick Dark Surface (Al2) 0 1 Cn.*,-.::"aKO Redox(AIS) (PAL ftA 1160A) 0 umbqc is --an-li Aluckyllineral (Sl) IWO. 3) Defta Ochd J --A, ed I.Iat6x (Ss) 0 Reduced V ..:,4i Renox jS5) 13 Piedmont! F 1 of •-:-J 1-hanx (S6) 0 Andtlilbue Tyl. Water Table - CIP.J* , A,-:1 - :-, criteria for hydric soils. DR (SO) (LRFt T. 1.1) 1 (LOWS.;T Ul) TV (LAR 0) Red `2) p(sx AOO 5) ORO (F?) 13 Very Roma" yIRA 1150A m* P. It. T1 (RO) (IOLPA 1538) Pisdt,Pur,face (TF12) in Remarks) p. T) 31rd.IW.qq 91 hYd.rcPW US Wig) -" 1"A) )(MILRA 149A.133C.163D) $011 Pteseft? va, rl NO--z US Army Corps of EnT.ineen Allardic and GUNCMU Plain Region -Version 2.0 ' I MAR I WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region PrgeWShe: 1328 Dude Road City/County: Duck - Dare County Sampling Date: 9-10-12 Applicant/Owner: Joseph Newton State: NC Sampling Point: 5' West 84 Investgator(s): George H. Wood PWS Section, Township. Range: Duck Landform (hillslepe, terrace, etc.): Slope _ Local relief (concave, convex, none): Concave Slope (%): 5 Subregion (LRR or MLRA): Region T 153B Lat: 36.1898 Long:-75.7610 Datum: None Sod Map Una Name: Dudkston N W I classification: E2SS3P Are climatic r hydrologic conditions on the site typical for this time of year? Yes No ❑ (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Am 'Normal Circumstances' presets? Yes ® No ❑ Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transacts, important features, etc. Hydrophytic Vegetation Present? Yes _IGy No _Lit 1I��t II--11 Is the Sampled Arva Hydric Soil Present? Welland Yes _1pl No _ ry--1i within a Welland? Yes � No _n Hvdrolow, Presets? Yes No HYDROLOGY WaWnd Hydrology Indictors: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is requiredcheck all that apply) ❑ Surface Sol Cracks (B6) ❑ Surface Water (At) ❑ Aquatic Fauna w2l) ❑ Sparsely Vegetated Concave Surface (88) ]� High Water Table (A2) ❑ Mad Deposits (B15) (LRR U) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ® Hydrogen Sulfide Odor (Cl) ❑ Moss Trim lines (1376) ❑ Water Marks (Bl) ❑ Oxidized Rhizospheres on Living Roots (C3) ❑ Dry -Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Presence of Reduced Iron (C4) ❑ Crayfish Bumows (CB) ❑ Drift Deposits (133) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Thin Muck Surface (C7) Geomorphic Position (D2) ❑ Iron Deposits (65) ❑ Other (Explain in Remarks) f❑1 ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (B7) ❑ FAC-Neubal Test (135) Water -Stained Leaves (B9) ❑ Sphagnum moss D8 LRR T. U Field Observations: rt�� Surface Water Present? Yes _ Q1�1 No t�11 _IMf-1 Depth (inches): Water Table Presets? Yes No _J_t Depth (inches): 8 Saturation Present? Yes _apt No Depth (inches): iID�11 II--11 Wetland Hydrology Present? Yes _Ipt No includes capillary bin Describe Recorded Data (stream gauge, monitoring well, aerial photos. previous Inspections), if available: Remarks: Area meets criteria for hydrology. RECE111M APR 0 8 2013 "1 9 ���r}� yy�Y1'1VL"3L Vll [ US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 20 VEGETATION (Four Strata) — Use scientific names of plants. Tree Stratum (Plot size: I 50% of total cover., Absolute Dominant % Cover S s? . = Total Cover 20% of total cover. SaofinalShrub Stratum (Plot site: .1 Ave I 1_ lva frufescens 10 _� FACW 2. Baccharis halifntfolia 5 —tt----II FAC 3. 4. 5. �7� 6. _! 1 7. 8. 15 = Total Cover 50% of total cover. 20% of total cover. Herb Stratum (Plot size: .1 Ave I 1. Rhynchospore 30 3. 4. 7. 30 = Total Cover 50% of total cover. 20% of total cover. Woody Vine Stratum (Plot size: I �II��"(f 1. _J 3 2. 3. t� 4. _2=+ S. = Total Cover 50% of total cover. 20% of total cover. Area does meet criteria fo rhydrophytic vegetation. Sampling Point: 5' West 44 Number of Dominant Species That Are OBL, FACW, or FAC: _2_ (A) Total Number of Dominant Spedes Across Ali Strata: Percent of Dominant Species That Ara DBL. FACINI, or FAC: _100, (AB) Prevalence Index worlisheah Total %Cover of: Multiply by 61. species 30 x 1 = 30,—.. ACW species f0 x 2 = 20 _ AC species 67 3= is pedes x 4 = cries x 5 = Totals: 45 (A) 65 (B) 1- Rapid Test for Hydrophylic vegetation ® 2- Dominance Test is>501,/> ® 3 - Prevalence Index is s3.0' Problematic Hydrophylic Vegelation' (11xplain) OBL 'Indicators of hydric soil and wetland hydrology mum be _ d present, unless disturbed or problematic. of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in, (7.6 cm) or larger in diameter at breast height (DBH), regardless of height. SaplinglShrub -Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 It. (Im) tall. Herb -Alf herbaceous (non -woody) plants, regardless Of Size, and woody plants less than 3.28 h tall. Woody vine -All woody vines, greater than 3.28 h. in height. Hydrophytic Vegetation Present? Yes_® ,fin US Amty Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 Profile Descrlptlon: (Describe to the depth needed to document the Indicator or conitrm the absence of Indicators.) Depth Matra Redox Features inches) Color(molst) % color (mist) % Type' Loc? Texture Remarks 3 10YR312 _ 8 10 YR 4/2 -- 1s 10YR612 'Type: C-Con UTdm0on, D=Depletion, RM-Reduced Matrix, CS=Covered or Coated Sand Grains. 'Location: PL=Pore Lining, M=bt.itnr. tydric Soil Indicators: Indicators for Problematic Hydric Soils': Histosol (Al) ❑ Polyvalue Below Surface (S8) (LRR 3, T, U) ❑ 1 cm Muck (A9) (LRR O) Histie Epipedon (A2) ❑ Thin Dark Surface (S9) (LRR S. T, U) ❑ 2 cm Muck (A10) (LRR S) Black Histic (A3) ❑ Loamy Mucky Mineral (Ft) (LRR O) ❑ Reduced Veft (1718) (outside MLRA t50A,8) Hydrogen Sulfide (A4) ❑ Loamy Glared Matrix (F2) ❑ Piedmont Flondplain Soils (1719) (LRR P. S. T) Stratified Layers (AS) ❑ Depleted Matrix (0) ❑ Anomalous Bright Loamy Soils (F20) (tnLRA 153b) Organic Bodies (A6) (LRR P. T, U) ❑ Redox Dark Surface (Fill ❑ Red Parent Materiel (TF2) 5 ore Mucky Mineral 07) (LRR P. T. U) ❑ Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (TF12) Muds Presence (AB) (LRR U) ❑ Redox Depressions (F8) ❑ Other (Explain in Remarks) 1 cm Muck (Ag) (LRR P, T) Mad (F10) (LRR U) Depleted Below Dark Surface (All 1) I❑I--11 1I Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) ❑ Iron -Manganese Messes (1712) (LRR O, P. T) 'Indicators of hydrophytic vegetation arw weuaod hye,00gy Coast Prairie Redox (A76) (MLRA 150A) ❑ Umbric Surface (1773) (LRR P. T, U) must be present, unless disturbed or probtemallc. Sandy Mucky Mineral (S7) (LRR O, S) ❑ Delta Ochdc (Fl?) (MLRA 151) Sandy Gleyed Matra (84) ❑ Reduced Vertic (1`18) (MLRA 1ti0A, 1500) Sandy Redox (S5) ❑ Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 163C, 1530) Type: Water Table Depth inches): 8 Area does meet criteria for hydrology. Soil Present? Yes N No _1 RECEMD APR 0 8 2013 DCM MILD iffy US"corps of Engineers Atlantic and Gulf Coastat Pi,;ln R. ;-on-ve,S-on 2.0 ll ti llll illl °501ANAIL 1l ll SPRICTM CK PINTAIL DR ' ( ( I L lSOUND l SITE dTltlil) ll In l) LOCATION MAP (N.T.S.) PROJECT NOTE& 1.) TOTAL AREA OF FILL - 2,905 S.F. 2.) DISTURBED AREA WITHIN 75' AEC - 10.900 S.F. PROPOSED ,AREA TO BE FILLED EXISTNC GRADE �1-64 PT PILE PIER SECTION N.T.S. PROPOSED 22•E /_'24.a' 30'x 20' DOCK / / x / x / 25.4` x -1•A CURRITUCK SOUND 0 _M� x x' PROPOSED BULKHEAD x �1.50 / / * �1•y5 PILNGSG(TYP) EX. 8 X 16 A DECK 5x y.. r t I. . ,.. `L' �i� ,"rs.. PROPOSED(WpE�TLANO TESACKS� N 7 / (TYP) NWL- 04 24/12 ey A y PRO0FRF)ObSED q kmp r !/ AIIKFILL pp 30' PUBLIC TRUST AEC EXISTING 4' CONCRETE / WALK CENTERED ON/PL LOT 38 SNOW GEESE SOUTH R - 1 /h P.B. 8, PG 57 Co AD" 77.78' aff- ` 75' ESTUARINE / X / / X LOT A "' 11----- )RELINE AEC 2 25,102 SQ.FT h LOT B 24,943 SQ.FT X 1 10' EX. WOODEN / BULKHEAD !41 M h y f NOW OR FORMERLY STEPHAN B. BRODIE D.B. 1565. PG 442 P.C. B. SL 326 DY FILL �BW. 6' DEADMAN ANCHOR AT EACH PILE MAP, 2 9 2013 GOAST.�I . F C— r 0 25 50 1D0 GRAPHIC SCALE: 1" = 50' 85.63' )e 79.37' _ 75_09_ 6500' 165.00' — S1437'57"E Nla•51'02-W — N141W41"W EDGE PAVEMENT DUCK ROAD 60' R/W EDGE PAVEMENT z WSOOUUNN D SITE .LOCATION M PROJECT NO 1.) TOTAL AREA OF 2.) DISTURBED AREI AEC = 10.900 1 ll 11 1111 ll ll SQUAW 1 1 ILL - 2,905 S.F. WITHIN 75' PIER SECTION / N.T.S. PROPOSED GALVANIZED TIEBACK BULKHEAD ROD OR CABLEAnr SANDY FILL AREA .TQ BE flLLEQ` MHW '. EXISTING GRADE 6'x 6' DEADMAN ANCHOR AT EACH PILE 6x6 PT PILE BULKHEAD SECTION —A 1•. 10 PROPOSED 22.5' 30.x 20' DO K 22.5'7 CURRITUCK SOUND x' N / o % �1;15 2� PROPOSED BULKHEAD% Iff4 EXISTING x 1.2 PILINGS (TYP) 10' WIDE -EARTHEN / CONST. ACCESS RAMP,[ I EXISTING 4' CONCRETE WALK CENTERED ON/PL LOT 38 SNOW GEESE SOUTH 1po /h qi P.B. 8, PG 57 Qc> AN /a cv m Q N C7 M ¢� 0 0° h EX. 8 X 16 A n DFCN — 1 PROPOSED TLC ND 71EBACKS (T'IP) 0 30' PUBLIC TRUST AEC �'3T5TW = 65.00' (M.E U 75.' ES/INORELINE AEC X/LOT A25,102 SQ.FLOT B ,9'43 ,SQ.FT X EX. WOODEN BULKHEAD .h ro / NOW OR FORMERLY STEPHAN B. BRODIE O.B. 1565. PG 442 P.C. B. SL 326 2 9 2013 D 25 50 100 GRAPHIC SCALE: 1" = 50' x a 77 zt.t7l 85.63' 79.37' — _—75y09_- 165.00 S14'37 57"E N14'51'02-W N143841'W — EDGE PAVEMENT DUCK ROAD 60' R/W EDGE PAVEMENT tY D o N ' 0 w' SHEET I DF I CAMA MAJOR APPLICATION JOSEPH R. NEWTON, JR. 1328 DUCK ROAD, DUCK, NORTHCAROLINA SCALE: 1'= 50' CADD ME: 12-044R REVISION ENVIRRO DMES DAZE: 2/1 /13 WRRENT REVISION: PROJECT NO: 12-044 CHECKED: GW DRAWN: KPO MENTAL PROFESSIONALS, INC. 1=419 Im a'Bell� EnWonma,l 1 I 5. P.D. BOX OX VI•D3368 36 TraO NO B4B qLL DE HnJS. NO 27 2 (25'2N4fµ0721 (FA1Q North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director June 13, 2013 Joseph Newton 239 Duke Street Norfolk, VA 23510 Dear Sir or Madam: 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. q Sincerely, C(✓�& V. (� Douglas V. Hugg Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Intemet: www.nocoasialmanagement.net An Equal Opportunity 1Arfirmafive Acdon Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Joseph R. Newton rRECE1140 APR 0 8 2013 DCM-MHD cny 2. LOCATION OF PROJECT SITE: Two Lots (Parcel ID#'s 009674000 and 009674001), formerly addressed as 1328 Duck Road (NC-12), Town of Duck, Dare County, adjacent to the Currituck Sound. Photo Index — 2006: 186-7175 (H,I 8,9) 2000: 186-2182 (P,Q 17) 1995: 185-1947 (L,M 15,16) 1989: 142-63 (G 10) 1984: 138-436 (U 6) 1978: 93-406 (P 16) State Plane Coordinates - X: 2955564 Y: 903523 Lat/Long: 36.18963990,-75.76136820 Quadrangle: Jarvisburg, NC (UR) 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 3/21/2013 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 3/29/2013 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Duck, NC CAMA Core Land Use Plan, Feb 2005 Land Classification from LUP — Single Family Residential, Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), Estuarine Shoreline (ES) and Coastal Wetland (CW) (C) Water Dependent: Yes (D) Intended Use: Private residential (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing - None Planned -None (G) Estimated Annual Rate of Erosion: ±20' Source - Applicant 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] FII I Fn SI-IAnr- n1cT1IPPr=n (A) Shallow Bottom PTA, EW AEC's ±2,700 SF ±3,200 SF (B) Estuarine Shoreline AEC ±8,140 SF (C) Coastal Wetland AEC ±60 SF (D) Total Area Disturbed: ±14,100 SF (±.32 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishin oNo0�� �� CP r DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Joseph Newton County: Dare RECEWED LOCATION OF PROJECT: 1328 Duck Road in Duck DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 03/29/13 APR U 8 2013 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES — DCM-MHDCITY CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: ycr, K�� Date: `l ' / 3 B) DATE RECEIVED BY MAJOR PERMITS UNIT: T� FEE RECD: $ 400 (60/40%) PUBLIC NOTICE REC'D: Advertise: 04/07/13 ADJ. RIP. PROP NOTICES REC'D: END OF NOTICE DATE: Comments due: 04/27/13 DEED RECD: APPLICATION ASSIGNED TO: ON: zizlo�L3 C) 75 DAY DEADLINE:) {t3 150 DAY DEADLINE: MAIL OUT DATE: Circulation: 04/05/13 STATE DUE DATE: Comments due: 04/26/13 FEDERAL DUE DATE: PERMIT FINAL ACTION: IS FED COMMENTS RECD: DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency H- 15-13 Division of Community Assistance Land Quality Section H -2 3 - 1 3 Division of Water Quality 116- 3 Storm Water Management (DWQ) State Property Office tl 1 l l3 Division of Archives & History y-13 -1-3 Division of Environmental Health Division of Highways Wildlife Resources Commission 1 �1H13 Local Permit Office Division of Marine Fisheries Corps of Engineers p L3 s N-; d-1 3 Project Name loSeh r l Ale � Assigned to �-��w� l� Assigned on PO 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 SU /0,19 GS Ihv—t 61H 01 L7n/rPnf ,S ��` � /1 A/o /Psb✓fce ISSveS G/C %,Se-!� Ripcir,`AA L,VWS Written approval from DVV100is not required for this project. Pat McCror Governor A rlil 5,'21 P i, 30 - , JF, APR a 8,2013 TOR-_ 'Braxton a Oavis-John - �ktk Qirp S6cretaq 072 if nee GledhtlI Fatly 'A �-.Udpartmcnt oftliilffidsources p catton-emew Proei.. Bulkheiid,replacement Fi pier-, tiblf&two Jott§, 4-5-At- 7 blidi lbis�ofticdbas no0 ofi to the project as,ppoposed., lill' -mven 'A -nmie-1 T AIC4�7 mmO.n nw f-mmmzed approves 5df -the *jectio d�.:dho tec&'bm_ en e changes are ^iucorpoiated See bed This office 6bjects to -the project 'for reasons described in the; attached comments. 136T'US1 7 SbWh,"' Ellzobefh'CiqNC 27909, pw272UOPI: %FAX*. A el� w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary April 5, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Maria Tripp Dunn NC Wildlife Resources Commission Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Joseph R. Newton 1328 Duck Road, Duck, Dare County Bulkhead replacement & pier construction on two lots RECEIVED APR 2 4 2013 DCNf-!v`-.j Crry APR 2013 RECEIVED at r►Q/iM1 Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/26/13 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 A AA,., -� DATE zz zo 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.n000astalmanagement.net An Equal Opportunity 1 Affirmative Action Employer FMA NC ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvaria, III Governor Director Secretary MEMORANDUM TO: Doug Huggett, Major Permits Coordinator of- PXMft THROUGH: Frank Jennings, District Manager 140 APR 2 4 2013 FROM: Ron Renaldi, Field Representative R.A.R, DCAf-MRDC1TY DATE: April 18, 2013 SUBJECT: Joseph R. Newton Major Permit Recommendations The applicant proposes to replace a failed bulkhead on two Lots by constructing a replacement bulkhead two feet waterward of the existing alignment and backfilling the eroded area. Identical piers will then be constructed on each Lot. The site of the proposed development is on a parcel that was subdivided into Lots A&B (Parcel ID#'s 009674000 and 009674001 respectively) formerly addressed as 1328 Duck Road (NC-12), Town of Duck, Dare County, adjacent to the Currituck Sound. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW), Estuarine Shoreline (ES) and Coastal Wetland (C W) Areas of Environmental Concern (AEC's). 15A NCAC 07H. 0203 Management Objective of the Estuarine and Ocean System It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to the lands and waters of the coastal area. Consistent: The proposed development is consistent with the intent of this rule. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net One No-rthCarohna An Equal Opportunity \ Affirmative Action Employer aturally Doug Hugget, Major Permit Coordinator Joseph R. Newton Major Permit Recommendations April 18, 2013 Page 2 15A NCAC 07K 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 agricuitural 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. Consistent: The proposed development is consistent with the intent of this rule. The affected coastal wetlands have taken root on the landward side of an existing bulkhead section and may not be considered significant. 07H. 0207 Public Trust Areas (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and 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 withfle intent of this rule. APR 2 4 2013 DCM-MHD CITY Doug Hugget, Major Permit Coordinator Joseph R. Newton Major Permit Recommendations April 18, 2013 Page 3 1 SA 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 Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. RBCEWO APR 2 4 2013 DCM-MHDCrfy Doug Hugget, Major Permit Coordinator Joseph R. Newton Major Permit Recommendations April 18, 2013 Page 4 Paragraph (b) addresses Specific Use Standards. Of these, subparagraphs (6) Piers and Docking Facilities and (7) Bulkheads 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. 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. A docking facility with a total length of t170' is located f720' to the north and a docking facility with a total length of f200' is located ±940' to the south. Taking into consideration ped nature of the shoreline, it appears that the proposed pier lengths will N within t e pier line. APR 2 4 2013 DCM-MHDCrrY Doug Hugget, Major Permit Coordinator Joseph R. Newton Major Permit Recommendations April 18, 2013 Page 5 (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)(I) 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. Paragraph (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 averages t15.25' waterward of NWL; however, this is due to a blown out section of bulkheading that allowed erosion to occur landward of the bulkhead existing alignment. The proposed alignment is intended to keep a straight alignment 2' waterward of the remaining functional sections of bulkhead. 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 alignment is waterward of ±60 sf of Coastal Wetlands growing on the landward side of a remaining functioning bulkhead section. These wetlands 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." RECEIVED Consistent: The applicant's have indicated that clean fill will be used. APR 2 4 2013 DCM-MUD CITY Doug Hugget, Major Permit Coordinator Joseph R. Newton Major Permit Recommendations April 18, 2013 Page 6 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. The breached bulkhead has allowed erosion to occur and recent storm events have caused accelerated erosion to occur. (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; Consistent: The proposed bulkhead alignment allows for a straight alignment 2' waterward of the remaining functioning bulkhead sections. (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; Consistent: The proposed development is documented in a Field Investigation Report. (v) the property to be bulkheaded is in a nonoceanfront area. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0209 Coastal Shorelines (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maxi�}r benefits to the estuarine and ocean system and the people of North Carolina. Consistent: The proposed development is consistent with the intent of this ruOPR 2 4 2013 DCM.WD CITY RECEIVED Doug Hugget, Major Permit Coordinator Joseph R. Newton Major Permit Recommendations April 18, 2013 Page 7 DCM-MAD CITY (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: (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 confute visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. Doug Hugget, Major Permit Coordinator Joseph R. Newton Major Permit Recommendations April 18, 2013 Page 8 Consistent: The proposed development is consistent with the intent of this rule. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (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. (G) Grading, excavation and landscaping with no wetland fill except when required by a a permitted shoreline stabilization project. Projects shall not increase stormwater runoff to adjacent estuarine and public trust waters; Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0601 No Violation OAR Rule No development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. Consistent: The proposed development is consistent with the intent of this rule. Doug Hugget, Major Permit Coordinator Joseph R. Newton Major Permit Recommendations April 18, 2013 Page 9 1 SA NCAC 07H. 0602 Pollution of Waters No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed shellfish waters when a use attainability study of those waters documents the presence of a significant shellfish resource in an area that could be expected to be opened for shellfishing given reasonable efforts to control the existing sources of pollution. Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a Major Permit be issued to Joseph R. Newton with the standard permit conditions associated with Piers and Docking Facilities and Bulkheads. I also recommend that the following specific condition be added to the permit: (1) The proposed bulkhead must be constructed within the alignment as proposed on the submitted drawings and any changes will require a permit modification. (2) A pre -construction meeting is required before any development occurs. RECEIVED APR 2 4 2013 DCM-MHD CITY Pat McCrory Governor MEMORANDUM: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder Director April 22, 2013 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: Joseph R. Newton Project Location: 1328 Duck Road, Duck, Dare County Proposed Project: Bulkhead replacement & pier construction on two lots. 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 RECEIVED APR 2 6 2013 DCM-MRD Cn Y 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. • Contractor should be aware of utility locations within the project area. Please contact the local water utility to assist with the location of existing water mains in or near the project area. SIGNED �:� 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: 252-948-00401 Internet: www.ncwater.org/pws/ An Equal Opportunity 1 Affirmative Action Employer DATE o`IT ) 4ze r � DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Joseph R. Newton 2. LOCATION OF PROJECT SITE: Two Lots (Parcel ID#'s 009674000 and 009674001), formerly addressed as 1328 Duck Road (NC-12), Town of Duck, Dare County, adjacent to the Currituck Sound. Photo Index — 2006: 186-7175 (H,I 8,9) 2000: 186-2182 (P,Q 17) 1995: 185-1947 (L,M 15,16) 1989: 142-63 (G 10) 1984: 138-436 (U 6) 1978: 93-406 (P 16) State Plane Coordinates - X: 2955564 Y: 903523 Lat/Long: 36.18963990,-75.76136820 Quadrangle: Jarvisburg, NC (UR) 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/21/2013 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 3/29/2013 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Duck, NC CAMA Core Land Use Plan, Feb 2005 Land Classification from LUP — Single Family Residential, Conservation (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), Estuarine Shoreline (ES) and Coastal Wetland (CW) (C) Water Dependent: Yes (D) Intended Use: Private residential (E) Wastewater Treatment: Existing - None Planned -None RECEIVED (F) Type of Structures: Existing - None Planned -None APR 2 6 Z013 (G) Estimated Annual Rate of Erosion: ±20' Source - Applicant DCM-MHD CrrY 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] FILLED SHAnF IIIGTIIRRFrI (A) Shallow Bottom PTA, EW AEC's ±2700 SF ±3,200 SF (B) Estuarine Shoreline AEC ±8,140 SF (C) Coastal Wetland AEC ±60 SF A Total Area Disturbed: ±14,100 SF (±.32 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No Joseph R. Newton Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to replace a failed bulkhead on two Lots by constructing a replacement bulkhead two feet waterward of the existing alignment and backfilling the eroded area. Identical piers will then be constructed on each Lot. Proiect Setting The site of the proposed development is on a parcel that was subdivided into Lots A&B (Parcel ID#'s 009674000 and 009674001 respectively) formerly addressed as 1328 Duck Road (NC- 12), Town of Duck, Dare County, adjacent to the Currituck Sound.. Lot A is ±25,102 sf in size and Lot B is ±24,943 sf in size. Elevations range from t6.7' above NWL on the eastern portion near duck road and gradually increase to t12.9' before tapering down to NWL. Man-made features on the Lots currently include a driveway on Lot A, a bulkhead that has been breached for several years and a groin. A 20' wide water access easement for the Snow Geese Dunes S/D is located on the south side of Lot A that contains a portion of a cement walkway and raised platform landward of the bulkhead. 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 identified on the Lots within the uplands and near -shore area includes, but are not limited to: american pokeweed (Phytolacca Americana), black cherry (Padus serotina), morning glory (lpomoea lacunose), marsh elder (Iva frutescens), groundsel tree (Baccharis halimifolia), and sedges (Rhynchospora spp.). A 404-wetland area has been delineated within the near -shore area. Based on available information, there appears to be no archaeological sites on this property or nearby. The shoreline, including the breached area, is t230' in length. The area landward of the breach has been scoured and as a result is a bare sand strip ±20' wide. The area immediately landward of the remaining bulkhead section located on Lot B has not been washed out and is vegetated with 5' wide strip of black needlerush (Juncus roemerianus) located at NWL that transitions to salt meadow hay (Spartina patens) as the elevation increases; however, only a portion of this vegetation is flooded regularly or irregularly. Prior permit history on the property includes CAMA General Permit #A15043 issued 3/15/1996 for a bulkhead on a natural shoreline. The adjacent riparian property to the north contains a single-family dwelling with a bulkheaded storeline and a pier and platform. The adjacent riparian property to the south is owned by the ow Geese South Homeowners Association and is a water access parcel for the subdivision o tlCmt contains a cement walkway and a platform on the landward side of the bulkheaded skoreline. U a 1 f'ie waters of the Currituck Sound are classified as SC by the Environmental Management Commission and are not open to shellfish taking. Water depths within project area range from 0.5 feet to 2.5 feet below NWL and the bottom substrate is made up of fine sands. There are t4 miles of open water to the west of the site. Due to the time of year, submerged aquatic vegetation was not observed growing within the project area; however, it is known to grow within the shallow waters of this area. s'oseph R. Newton Field Investigation Report Page 3 Development Proposal The applicant proposes to stabilize the shoreline by constructing ±181' of vinyl bulkhead with a proposed alignment 2' waterward of the remaining bulkhead alignment and backfilling the eroded shoreline area. The proposed bulkhead alignment averages ±1 5.25'waterward of NWL with a maximum distance of ±34' and will result in the filling of ±2,700 sf shallow water bottom. Water depths within the eroded area fluctuate day to day due to the sandy substrate and wave action; however, the current depth averages ±0.75 ft. below NWL. Backfill material will be sand from an offsite supplier. The applicant indicated that ±20' of shoreline erosion has occurred within the preceding 12 months, and that the majority of which was a result of Hurricane Irene and Sandy. A 60'x10' earthen construction access ramp will be constructed within the easement area located on the south side of Lot A at the end of the existing driveway for shoreline access to construct and backfill the bulkhead. After bulkhead construction, the applicant proposes to construct identical 200'x5' piers with 30'x20' (600 sf) T-head platforms on each Lot. A docking facility with a total length of ±170' is located ±720' to the north and a docking facility with a total length of ±200' is located ±940' to the south. Taking into consideration the scalloped nature of the shoreline, it appears that the proposed pier lengths will be within the pier line. Water depths at the proposed platforms are ±2.5' below normal water level (NWL) and no slips are proposed. The piers and platforms will be >_15' from the property lines extended. Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ±2,700 sf of PTA and EW AEC's with clean fill from an upland source (±75 cubic yards of fill material below NWL). • The construction of the bulkhead will result in the filling of ±60 sf of Coastal Wetlands. • Access to the shoreline, bulkhead construction and backfilling will result in ±8140 sf of disturbance within the ES AEC. • The proposed piers and platforms will result in the shading of ±3,200 sf of PTA and EW AECs. Submitted by: Ron Renaldi Date: 4/3/2013 RECEIVED APR 2 6 2013 DCM-MHD Crry Project Narrative Joseph R.Newton 1328 Duck Road Duck. North Carolinz The applicant owns two lots in Duck that are on the Currituck Sound. The shoreline supports a dilapidated bulkhead which has resulted in an area of erosion between the segments of the bulkheads which are not dilapidated. There are also pilings which were part of a bulkhead that was replaced a number of years ago, and these pilings have been revealed by the demise of the replacement bulkhead. This gap accelerated erosion which has also been exacerbated by Hurricanes Irene and Sandy. The applicant proposes to replace the entire bulkhead two feet waterward of the alignment of the dilapidated bulkhead. The average distance is 15.25 feet waterward of the normal water level. The greatest distance is 34 feet. The proposed bulkhead is proposed to extend in a straight line between the two existing bulkheads on the south and north. Two identical piers are proposed that will be 200 feet long by 5 feet wide and will access two 600 square foot "Tee" heads. The shoreline will be accessed by producing an earthen ramp on the south side of the property within the 20-foot easement area. This will utilize the existing driveway and minimize land disturbance. The ramp construction will result in 1,000 sq. ft. of disturbance. The bulkhead construction and backfill wil I produce another 9,900 sq. ft. of disturbance for a total of 10,900 sq. ft. of disturbance. The wetland area on the north side of the property will not be filled or impacted. At some time in the future, plans are to construct two homes in the areas of Flood Zone X which are located outside of the 75 foot Estuarine Shoreline AEC. RECEIVED APR 2 6 2013 DCM-MHD CITY AM Mr-1 APPLICATION for Major Development Permit (last revised 12127/06) MAR 11 2013 North Carolina DIVISION OF COASTAL MANAGEMENT 1. PdmatyApplicantlLandowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Joseph R. Newton 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 239 Duke Street Norfolk VA ZIP Country Phone No. FAX No. 23510 USA 757 - 439 - 6239 ext. Street Address (f different from above) City State ZIP Email newton@macts.com 2. Agent/Contractor Information Business Name Environmental Professionals, Inc. Agent/ Contractor 1: First Name MI Last Name George H. Wood Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3368 Kill Devil Hills NC ZIP Phone No. 1 Phone No. 2 27948 252 - 441- 0239 ext.105 252 - 423 -1234 ext. FAX No. Contractor# 252 441 0721 Street Address (t dWerent /tom above) City State ZIP 1404 S. Virginia Dare Trail Kill Devil Hills NC 27948 - t] c Email m obxwood@yahoo.com � w sas a <Form continues on back> 252-808-2808 :. 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) I IIAn 1 nnw� APPLICATION for Major Development Permit 3. Project Location County (can be multiple) reet Address 71328Address State Rd. # r ,�1-. - _ Dare Duds E ( NC-12 Subdivision Name City State Zip WA Duck NC 27949 - Phone No. Lot No.(s) (d many, attach additional page with list) 757 - 439 - 6239 ext. A, B, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Curritudt 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 OYes []No work falls within. Duck 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 181 Feet (after bulkhead construction) 50,045 sq. ft. c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or 25,102, 24,943, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 8.0 ❑NHW or ®NWL e. Vegetation on tract Phytolacce americans, Padus serotina, Ipomoea lacunosa, Iva frutescens, Baccharis halimifolia, Rhynchospora spp. I. Man-made features and uses now on tract Deteriorated bulkhead, pilings, driveway RECENED g. Identify and describe the existing land uses adiacent to the proposed project site. public access, residential CITY h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? residential (Attach zoning compliance certificate, it 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> 252-808-2808 :. 1-888-4RCOAST :: ww w. nccoastalmanagement. net Form DCM MP-1 (Page 3 of 4) MAR 11 2013 APPLICATION for Major Development Permit , m. (i) Are there wetlands on the site? I ®Yes []NO (ii) Are there coastal wetlands on the site? _ __�� CKYes iNo (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. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑PublielGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Shoreline stabilization, two single-family residential c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. water jetting of pilings, bulldozer to backfill d. List all development activities you propose. shoreline stabilization two 200 foot long x 9 wide piers with a +/_ 600 sq. ft. tee heads e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 10.900 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yea ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None m 0 I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA �y If yes, will this discharged water be of the same salinity as the receiving water? WW cq [:]Yes []No ®NA o� rr j. Is there any mitigation proposed? ❑Yes ®No ❑NA Q If yes, attach a mitigation proposal. ^- <Form continues on back> 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalma n agement. net Form DCM MP-1 (Page 4 of 4) j APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the tollowing dams below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required dams below. 0. A project narrative. . 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. . A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. . A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. . 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 Snow Geese South Homeowners Association, Inc. clo John Gaw Phone No. Address P.O. Box 4890 - Kitty Hawk, NC 27949 Name Stephen Brodie Phone No. Address 7001 Buxton Terrace - Bethesda, MD 20817 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. C.PsAIs043 ISSvt.d VISJ194ir 4+f ++k inn'6-t bullrtuad P-AA- h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 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 _3�%�/3 Print Name r Signature Please indicate application attachments pertaining to your proposed project. I MAR ) ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and ulve 1s 2013 ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED APR 262013 252-808-2808 :. 1-888-4RCOAST :: Bdfv*WV1:Q iiSsta l manage m ent. net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) MAR 1 1 2013 I Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-i. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet Length Width Avg. E1 Depth Final PI Depth Access Other Chan el (NLWBreakwater Canal Boat Basin Boat Ramp Rock Groin Rock (excluding shoreline NWL stabilization NA NA..,.. NA .NA 1. EXCAVAT/ON ®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 d. High -ground excavation in cubic yards. (CW) submerged a uatic v t ti SA 'iege a ron ( V) shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected ❑CW ❑SAV []SB OWL ❑None (n) Describe the purpose of the excavation in these areas., 2.; DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a Location of disposal area b. Dimensions of disposal area. c. (i) Do you daim Idle to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), f. (i) Does the disposal include any area in the water? or other wetlands (WL)? If any boxes are checked, provide the ❑Yes ❑No ❑NA k� number of square feet affected. (ii) If yes, how much water area is affected? p�.t 0❑CW _ ❑SAV ❑SB eo 0 OWL _ ❑None �r�i R (ii) Describe the purpose of disposal in these areas: � Q u La 252-808-2808 :: 1.8883RCOAST :; www.ncc oastatmanagement.net revisetl: 12,26l06 %irrta UCM MP-2 (Excavation and fill, Page 2 of 2) � 0. 0nVfTCLllvC'J.l Atf1L1LA 11UN ❑This section not applicable' (If developmentis a wood groin, use MP-4 -Structures) a Type of shoreline stabilization. b. Length: 181 ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: 2 C. Average distance waterward of NHW or NWL. 15.25 feet d. Maximum distance waterward of NHW or NWL. 34 e. Type of stabilization material: vinyl bulkhead g. Number of square feet of fill to be placed below water level. Bulkhead backfill 2 700 Riprap Breakwater/Sill— Other_ i. Source of fill material. commercial supplier 4." OTHER+FILL .4CTIWTyIES (Exelrie(in'g S�ioreline:Stabilization) a. (i) Will fill material be brought to the site? DQYes ❑No ❑NA If yes. (ii) Amount of material to be placed in the water 00 Dimensions of fill area 66Xt O (iv) Purpose of fill AZ 6436hLin A ,, (L P f. 0) 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. +/- 20 feet h. Type of fill material. sand 1 This section not applicable b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW — ❑SAV ❑SB _ ❑WL None (n) Describe the purpose of the fill in these areas: tJIA 5..;iGENER�1'L 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)? Bulkhead backfilled and stabilized with grass. water jet - hand tools backhoe for backfill c. (1) WnI navigational aids be required as a result of the project? ❑Yes ONO ❑NA 00 If yes, explain what type and how they will be implemented. Na..1 i... PR'2 d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ONO ❑NA 00 If yes, explain steps that will be taken to avoid or minimize environmental impacts. DCM-MILD CITY 252-808.2806 :: 1-888-4RCOAS'i :: www.rei a:oastalmanagement.nel revised: 12,26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) MAR 11 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'rDbCICU{�G F%GiCF�%Ad%IR%1�fA`G15EfER%S7JCS s Q �Thrs section rrbt applicab% ' a. (i) Is the docking fadlity/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Govemment ®Private/Community OYes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (ii) Number 2 If yes: (iii) Length 200 (ii) Number (iv) Witlth 5 (iii) Length (v) Floating []Yes ®No (iv) Width _ (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ®Yes []No f. (i) Are Boatift included? ❑Yes ®No If yes: If yes: (ii) Number 2 (ii) Number (iii) Length 30 (iii) Length IN) Width 20 (iv) Width (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. 0 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage (wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g.. open runabout"-" �- ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water, dredging for basin and/or channel at skis ®Open water, no dredging required ❑Other; please describe: tc� C � � 5 Q Q k. Typical boat length: 12 I. (1) Will the facility be open to the general public? ❑Yes ®No m. (I) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? 0 252.808-2808:: 1-888-4RCOAST :: www.ncconstalmanagement.net revised: 12127/06 U Form DCM MP-4 (structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Otrwe Toilets ❑ Toilets for patrons; Number: _; Location: r-- - I ❑ $h01Ners I MAR 11 2013 ❑ Boathokting tank pumpouL Give type and location: 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. Give the number of channel markers and "No Wake* signs proposed. i. Give the locahon 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? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? RECEIVED ❑Yes ONO APR 262013 252-808-2808 :: 1-8884RCOAST :: www_gccoastaimanagement.net revised: 12127108 DCM-MND C(Ty Form DCM MP-4 (structures, Page 3 of 4) r . n. Is the marina/docking facility proposed within or adjacent to any shellfish 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 (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑S8 OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfsh 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 ❑PublidGovemment ❑Private/Community (ii) Number (iii) Length _ (iv) width MAR 11 2013 ) ' Note: Rooted areas ale calculated from dripime dimensions. `GROIN (e.g., wood, sheetpile, etc If a nick groin, use MP-2, Excavation-and!`ill.) This section notapplicahle a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NIiW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ® This section not applicable a. Is the structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community a Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Number d. Description of buoy (color, inscription, size, anchor, etc.) n� N W CO UW CV 252-808-2808:: 1.888-4RCOAS7 :: www.niccoastaimanaaement.net revised: 12127/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines +/- 22 feet Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 2 miles e. (i) 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. b. Proximity of structure(s) to adjacent docking facilities. +/- 100 feet d. Water depth at waterward end of structure at NLW or NWL 2.5 I1: OTfiER' ®This section not applicable a. Give complete description: Project Name Applicant Name Applicant Signa re MAP 1 1 2013 RECEIVED APR 262013 DCM-MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.necoastaimanaaement.net revised: 12/27/06 IA? 1 1 L%13 I WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Iain,Region ' Project/Site: 1328 Duck Road City/Canty: Duck -Dare County L pling Daley &1612 Slate: NC Sampling Poled: 5- Fast a4 Investfgator(s): George H. Wood, PWS Section. Township, Range: Durk Lardform (hihlope. terrace. etc): Slope Loral relief (concave. comrex. none): Cones Slope Subregion (LRR or MLRA): Region T 1538 Let: 36,1898 Long:-75.7610 Datum: None Soil Map Unit Name: NWl classification: E2SS3P Are climatic I hydrologic conditions on the site typical for this time of year? Yes ® No C) (If no, explain in Remarks.) Are Vegetation , Sol __a. Or Hydrology _ [I signiframty dlsturbed7 Are -Normal Circumstances• present] Yes Are Vegetation Q . Soil Q , or Hydrology ❑ naturally problematic? (If needed. explain any answers in Remarks.) k�1 our frilim cr yr rinulritso — wicaen size map snowing sampling point locations, transeets, Important features, etc. Hydrophylic Vegetation Present? Yes _I� No —M Ir---1t 1pq1 la the Sampled Area HyMk Sol Present? Wetland Yes —L1 No --0 v M. a Welland? Yes No _® Hydrology Present? Yes —0 No R HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouiredl Primary Indicators (minimum of one is reamed- check all that soolvl Ll Surface Soil Cracks (88) ❑ Surface Water (At) ❑ Aquatic Fauna (813) ❑ Sparsely Vegetated Cancave Surface (118) ❑ High Water Table (A2) ❑ Mad Deposits (1315) (LRR U) ❑ Drainage Patterns (810) ❑ Saturation (A3) ❑ Hydrogen SuKde Odor (Cl) ❑ Moss Tdm Lines (818) ❑-h Water Marks (Bl) ❑ Oxidized Rhaospheres on L.V Roots (C3) ❑ DrySemon Water Table (C2) r L1 Sediment Deposits (112) ❑ Presence of Reduced Iron (c t) ❑ Crayfish Burrows (Ca) ❑ DnIt Deposits (B3) ❑ Recant Iron Reduction in Tiled Soils (CB) ❑ Saturation Viaiole on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Thin Muck Sudsce (C7) ❑ Geomorphic Posibon (D2) ❑ Iron Deposits (BS) ❑ Other (Explain in Remarks) ❑ Shallow Aqukard am ❑ Inudafion Visible on Aerial Imagery (87) ❑ FAG -Neutral Test (DS) Waler•Stafned Leaves 89 Field Observations: S cum mass DB [LRR T, U Surface Water Present? Yes nIq No _®-7 Depth (inches):Water Table Present? Yes �I1qqt No _ D Depth (inches): 21 Sal vation Present? Yes _3pl Wpilla ^ NO —� Depth (Inches): Hydrology Present? Yes _!I No Describe Rewrded Data (steam gaups, morhkonng web, aenal pholm, pnwiaus irEperdipns), H available: Remarks: Area does not meet URena for hytlrology-b 0 N W fY N Q- Q US Army Corps of Engineers Atlantc and Gulf Coastal Platte Region -Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Absolute Dominant Tree Stratum (Plot size: 1 arse 1 % Cover S ? 1 Cama illinoensis 2 3, 4. 5. 6. 7. 2 - Total Cover 50% of total cover: 20% of total cover: Sampling Point rL Indicator SWus Dominance Test worksheel: Number of Dominant Spades That Am OBL. FACW, or FAC: _2_ (A) Total Number of Dominant Species Across All Strata: _3_ (B) Percent of Dominant Species That Are 08L. FACW, or FAC: _67_ (A(B) AC Soplino/Shvjb Ir (Plot size: .1 aye ) 1 Phytol.,:z.., americana 10 FACU 2 Padus scrolina 5 FACU 3. _ 9. 15 - Total Cover 50% of total cover: 20% of total oover: r0 51'al.rr, (i'lc1 size: _i 2. 3. 4. 7. = Total Cover 80%of WW cover: 20% or total cover: Mee2g Vm? stratum (Plot Stan .1 acre, I 1.1;-:n; .'vcunosa 2 FAC 3. 4. •r. 2 :TOW Cover 50% of total cover: 20% of total toner. Area !:..; r.•: -I coloda for hydrophytic vegetation. Taal % Cover of specter Mubti by: X 1 - W spades X 2 - spedes 4 X 3 = 12 U spades 15 X 4 - 60 species X5. nn Totals: 19 72 (B) = WA. 1 - Rapid Test for HydrWritic Vegetation ® 2 - Dominance Test Is >50% 3- Prevalence Index is s3.0' Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soft and wetland trydrobW must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 an) or larger in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody Plants, excluding vines, less than 31n. DSH and greater tan 3.28 R (1m) tall. Herb - All herbaceous (non•wo0dy) plants, regardless of size, and woody plants less than 3.28 it all Woody vine -All woody vines, greater than 3,28 ft. in height. Hydrophytic Vegetation pt Present? Yes_1 No_y( APR 2 6 2013 US Anap' .n;., :.r Enginears Atlantic and Gulf Coastal Plain Region -Version 2.0 Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth Matrix riches) caor (moist) I 10 YR 412 to 10 YR 6I4 _ Redo: Features % color (moist) % Type, Loci rTyt...: C=Concentration, D=Depbllon, RM=Reduced Matrix. CS=Covered or Coated Sand GI Soil Indicators: Texture 'Location: PL-Pore Lailm At=Alelrlc Indicator far ProWemaUc Nydde So6at: t 1.,;, ,ol (A t) ❑ Pohyvalue Below Surface (S8) (LRR 8, T. U) ❑ 1 air Muds (A9) (LRR O) I II>Go Epipedon (A2) ❑ Thin Dark Surface (S9){LRR 3, T, U) ❑ 2 an Muds (A70) (LRR S) Plack Hislic (A3) ❑ Loamy Mucky Mineral (F7) (LRR O) ❑ Reduced Verde (F18) (outside MLAA /60A,B) Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) Q Piedmont Floo iptatn Sons (F19) (LRR PS, T) �rrdl.fied Layers (AS) ❑ Depleted Matrix (F3) ❑ Anomabxn Bright Loamy Sdle (F20) (MLRA 1530) -;c Bodies (A6) (LRR P, T. U) ❑ Redox Dad Surface (FB) ❑ Red Parent Material (TF2) -n.:.h,ck.y IAin2rah (A7) (LRR P, T, U) ❑ Depleted Dad Surface (F7) ❑ Very Shallow Dark Surface (TF12) I •resence (A8) (LRR U) ❑-I Redo. Depreaaiars (F6) h Otair (Explain in Remarks) t an kluck (A9) (LRR P, T) I-1 LMari (F70) (LRR U) Lc, 1-1ed Gelaw Dark Surface (At t) 0 Depleted Odic (F11) (MLRA 151) Thi,:, Uark Surface (Al2) ❑ Imin-Manflanese Masses (F12) (LRR O, P. T) 'Indications of lydmphytk vegetation and wedand hydrology Co;,-: ; rain ie Pt•lox (A16) (MLPA 160A) Q Umbria Surface (F73) (LRR P, T, U) must be present. unless disturbed or problematic. :-An.l, Mucky laineral(SO ILRR O, B) ❑ Delta OCMe(F17)(MLRA 161) ..rn ;Ic: ed clatrix (S4) ❑ Reduced Vedic (F18) (MLRA 160A. 1608) . .o; Reno. (SS) ❑ Piedmont FloodplNn Safe (Fig)(MLRA 149A) 44)1 -d N1I.. (S(i) ❑ AM-8101211 &Ipnt Loamy Solle (F20) (MLRA 146A. 163C, 1530) ,Sinn. Layer (J observed): Ty; _ Water Table 'rsl 8 .,.... crileda for hydrk aoita. Soil Preeeml Yes .r l No R M o N {ra Fi N Q � Ma. US Army '.-n,ps ct En,.,neers Atlantic and Gulf CopW Plain Repion _Version 2.0 i WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region _ ,I PropCVSbe: 1328 Duck Road Ciy/Cornty: Duck -Dare County Sampling Date: 9-10-12 Applicard/Owner: Joseph Newton State: NC Sampling Point: S west s4 Investleator(s): George H. Wood PWS Section. Township, Range: Dude Lardform (hills". terrace. etc.): Slope Local relief (concave, comrex. none): Cone" Slope (%): 5 Subregion (LRR or MLR?): Region T 1538 Lai: 36.1898 Long:-75.7610 Datum: None Soil Map Unit Name: Duckslon NWI classification: FZSS3P Are climatic / hydrologic conditions on the site typical for this time of year? Yea _aNo ❑ (If no, explain in Remarks.) Are Vegetation O, Soil _ [ Cl, or Hydrology [-Isignificantlydisturbed? Ans Normal CinxxnElstanws present? Yes ® No Are Vegetation El, Sod , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transacts, important features, etc. Hydrophygc Vegetation Present? Yes M No —u Iioqn 11--II Is the templed Ana ^ Hydric Sod Present? Wetland Yes _Jrr�pt No within a Wetland? Yes _® No M,AMmv p,exaM? Yes ILSI No HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is reouired� cheek all that apply) ❑ Surface Sod Cracks (86) Surface Water (At) [I Aquatic Fauna (B73) ❑ Sparsely Vegetated Concave Surface eft) I❑I�t1 )It-ptHigh Water Table (A2) —II L,J Mad Deposits (815) (LRR U) Drainage Patterns (B10) Saturation (A3) ® Hydrogen Sulfide Odor (CI) t❑1---11 L1 Moss Trim Lines (B16) rE] LL Water Marks (81) ❑ Oxidized Rhizosphens on L mig Roots (C3) ❑ Dry -Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) Drift Deposits (03) ❑ Recent Iron Reduction in Tilled Sods (C6) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (84) ❑ Thin Muck Surface (C7) ❑ Geomorphic Position (132) ❑ Iron Deposits (85) ❑ Other (Explain in Remarks) ❑ Shallow Aqudard (D3) ❑ Inundation Visible on Aerial Imagery (B7) ❑ FAC•Neubal Test (D5) Water-Stalned Leaves(Be)Spliagnum most; DB LRR T. U Field Observallons: rr--L1 Surface Water Present? Yes _Jt_�ti I1ppL1 No _I1I-p---111 Depth Qriches): Water Table Present? Yes _i11�p�ILI No _ rll Depth (inches): 8 Saturation Present? Yes �l No _yi Depth (inches): ff��II Wetland Hydrology Present? Yes _R No ircludes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos. Previous inspections), if available: Remarks: Area meets criteria for hydrology. RECEIVED APR 2 6 2013 DC!N-NT, DCITp US Amry Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Absolute Dominant Tree Stratum (poll size: 1 % Cover s? _ 1. 3. 4. 5. 6. n 7. = Total Cover 50% of total cover: 20% of total cover. (Plot size: 1 Acre ) 1. Iva fMescens 2. Bacchants harmifolia 50% of total cover: Herb Sbalum (Plot size: .1 Acre ) 1. Rhynchospore 3. 6. Sampling Point: 5'west d-t —..— Indicator Dominance Teat workaheet Status Number of Dominant Species That Are OHL, FACW, or FAC: _ (A) Total Number of Dominant Species Acre" A0 Strata —2— M Percent of Dominant Species That Are OHL. FACW, or FAC: _too__ (ArB) 10 FACW 5 FAC ❑ _ 15 = Total Cover 20% of total cover. 30 = Total Cover 50% of total cover 20% of total cover Woody Vine Stratum (Plot size: I 1. 2. 3. 4. 5. = Total Cover 50% of total cover: 20% of total oover Area does meet Criteria for hydrophybe vegetation. OHL Total % Cover of 1,10.0 r by species 30 x 1 = 30 _ -- W species — species 5 x 3= 1 s- U species x 4— species x 5 = mn Totals: 45 (A) 6` (B) =&A= t:a 1 - Rapid Test for Hydrophytic Vegetation ® 2. Dominance Testis>SO"ro ® 3 - Prevalence Index is 53.0' Problematic Hydrophytic Vegetation' (Capi.un) 'Indir:ators of hydric sal and wetland hjh;10t01jy nn:at he present, unless, dieWr tied or problemd:ic. Strata: Tree - Woody plants, excluding vines. 3 ir. (7.6 � m) or larger in diameter at breast height (DBH), regardless of height. Sapling/Shii- Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft. (I m) tall. Herb -AII herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 h tall. Woody vine -AN woody vines, greater than 3.28 ft. in height. Hydrophytic q o Vegetation Present? No I US Amty Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 SOIL Sampling Point: 5Vies! u4 — -- Profile Description: (Describe to the depth needed to document tre indicator or confirm the absence Of indicators.) Depth Matrix Redox Features pnrhes) COW(mcist) % Color (moist) % Type' Lod Texture Remaii_5. .—_-- 3 10 YR 3f2 --- - a 10YR4f2 to 10YR5f2 'Type: C-Concentration, Depletion, RM-Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, rn=nn:rinx. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': ❑ Histosol (All ❑ Polyvalue Below Surface (Sit) (LRR S, T, U) ❑ 1 an Muck (A9) (LRR O) ❑I{utic Epipedon (A2) ❑ Thin Dark Surface (S9) (LRR S, T. U) ❑ 2 cm Muck (A10) (LRR S) r-� 11 Black Iiistic (A3) ❑ Loamy Mucky Mineral (F7) (LRR O) ❑ Reduced Vertic (F18) (outside MLRA 150A,B) ® Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matra (F2) ❑ Piedmont Floodplain Soils (F19) (LRR P. S. ri ❑ Stratified Layers (A5) ❑ Depleted Matrix (F3) ❑ Anomalous Bright Loamy Soils (F20) (tALRA 155b) ❑ Organic Bodies (AB) (LRR P. T, U) ❑ Redox Dark Surface (FB) ❑ Red Parent Material (TF2) ❑ 5 chi Mucky Mineral (A7) (LRR P, T, U) ❑ Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (TF12) ❑ Muck Presence (AS) (LRR U) ❑ Redox Depressions (FS) ❑ Other (Explain in Remarks) ® 1 = Muck (A9) (LRR P, T) Q Mad (F10) (LRR U) Depleted Below Dark Surface (At 1) ❑ Depleted Ochre (F11) (MLRA 151) Thick Dark Surface (Al2) ❑ Iron -Manganese Masses (F12) (LRR O, P. T) 'Indicators of hydrophy0e vegetation and ,evand hydrology 0 Coast Prairie Redox (A18) (MLRA 150A) ]] Umbric Surface (F13) (LRR P, T. U) must be present, unless disturbed or prohiematic. n Sandy Mucky Mineral (Si) (LRR O, S) ❑ Delta Ochric (F17) (MLRA 151) ❑ Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (F18) (MLRA 150A, 1508) L]Sandy Redox (SS) ❑ Piedmont Floodplain Soils (F19) (MLRA 149A) 0 Stripped Matrix (S6) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 11i Dark S7 LRR P. S, T. U Restrictive Layer (H observed): Type: water Table Depth (inches): 8 Hydric Soil Present? Yes _© No Remarks: Area does meet criteria for hydrology. . RECMVED APR 262013 DM--MHD cny US Army Corps of Engineers Atlantic and Gulf Coastal Plain R•,;,on -version 2.0 11 ll llll 11 11 OLD SQUAW 1 l 11 SPRIGT,VL DR (( l 1 _ 1lot 11 CU RIITUCK PoNTAIL DR R' I < < 1 1 II))tll SITE dglllll� I111111 LOCATION MAP (N.T.S.) PROJECT NOTES 1.) TOTAL AREA OF FILL _ 2.905 S.F. 2.) DISTURBED AREA WITHIN 75' AEC _ 10,900 S.F. PIER SECTION / N.T.S. / CURRITUCK SOUND PROPOSED GALVANIZED TIEBACK BULKHEAD ROD OR CABLE FINISHED GRADE SANDY FILL AREA TO BE FILLED MHW EXISTING GRADE,A;NCIfORDAEATDA�IMCIH %� 5x6 PT PILE PROPOSED 22.5 30'x 20' / DOS/ 2CK 2.5, Y. 17, // x 5.4' / / A / 1 77.70' / 6.7 x o- f 21.17' / 85.63' A 79.37' _ _75_09_ _ *- _ N14'3W41•W 165.00' S14'37'57"E N74'51'02'W — EDGE PAVEMENT DUCK ROAD 60' R/W EDGE PAVEMENT tV O� G o w CAMA MAJOR APPLICATION JOSEPH R. NEWTON, JR. 1328 DUCK ROAD, DUCK, NORTHCAROLINA SCALE: 1•_ 50• CARD FILE: 12-044R REND ENVIRONMENTAL %pnnlg1_ aWtwEPROFESSIONALS. INC. 140/ S Vkglnlo Troll DATE:2�1�13 SHEET CURRENT RENSON: P.O. Box 33 KILL DENL HILLS. NC 27948 7 a PROJECT Na.12-044 CHECKED: GW DRAWN: KPO (252)441-OM (262N41-OM (FAX) NINA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director April 5, 2013 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Joseph R. Newton Project Location: 1328 Duck Road, Duck, Dare County Proposed Project: Bulkhead replacement & pier construction on two lots John E. Skvarla. III Secretary RECEIVED s APR 15 2013 DCkf-ntHDCIW Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/26/13 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 SIGNED DATE 4�-_ 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-26439011 FAX: 252-264.3723 ; Internet: www.necoastalmanagement.net An Equal Opportunity \Affirmative Action Employer I 7 i A LT -WA MCCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary MEMORANDUM TO: Doug Huggett, DC Major Permit Coordinator FROM: Charlan Owe ICP, NE DCM District Planner SUBJECT: Major Permit equest by Joseph R. Newton to install 181 linear feet of vinyl bulkhead, two (2) 5 foot wide by 200 foot long piers with 20 foot by 30 foot 'T' head terminus platforms on the Currituck Sound, and; construct of a 10 foot by 60 foot earthen construction access ramp; on the property formerly addressed as 1328 Duck Road (NC Highway 12), across from N. Snow Geese Drive, in the Town of Duck, Dare County DATE: April 9, 2013 Consistency Determination: The request is consistent with/not in conflict with the Town of Duck 2004 Core Land Use Plan (LUP) certified by the CRC on April 8, 2005. Overview: The project site consists of two (2) parcels (Lot A and Lot B) totaling 1.15 acres with approximately 230 linear feet of shoreline along the Currituck Sound. Water depths within the project area range from .5 feet to 2.5 feet below Normal Water Level (NWL). There is approximately 4 miles of open water west of the site. Lot A, to the south, includes a 20 foot wide access easement along the southern property line extending from Duck Road to the Currituck Sound. Section 404 wetlands are located in the nearshore area on Lot A and a 5 foot wide strip of Coastal Wetlands are located along the shoreline of Lot B. Site elevations range from 6.7 feet above NWL at Duck Road to 12.9 feet before tapering down to NWL at the shoreline. The project site is located within Floodzone AE (EL 7) along the shoreline and Duck Road and within the easement; and is Shaded X toward the site interior. Existing site improvements consist of a cement walkway centered on the southern property line from Duck Road to the shoreline and a driveway, both on Lot A. Existing shoreline improvements consist of an 8 foot by 16 foot platform with steps within the easement on Lot A, bulkhead along the combined shoreline, and a groin extending from Lot A. The platform is located at the terminus of the cement walkway. The bulkhead was permitted under CAMA General Permit #A15043 in March of 1996. The bulkhead has been breached at the northern end of Lot A. Area landward of the breach has been scoured, resulting in a 20 foot wide bare sand strip. Land area behind the bulkhead on Lot B has not been washed out. The applicant has indicated that 20 feet of shoreline erosion has occurred within the preceding 12 months, with the majority occurring during Hurricane Irene and Hurricane Sandy. if RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 APR 15 Z013 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer DCM-MHD CITY North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 2 of 4 Installation of 181 linear feet of vinyl bulkhead, two (2) 5 foot wide by 200 foot long piers with 20 foot by 30 foot 'T' head terminus platforms, and construction of a 10 foot by 60 foot earthen construction access ramp are proposed. The bulkhead alignment will average 15.25 feet waterward of NWL with a maximum distance of 34 feet of NWL. The bulkhead will be 2 feet waterward of the remaining bulkhead alignment. Backfill landward of the bulkhead will be supplied by an offsite sand source. The earthen ramp will be located within the easement area at the end of the driveway to all shoreline access for installation and backfill of the bulkhead. No boat slips are proposed. The waters of the Currituck Sound in this location are classified as SC (suitable for fish propagation) and are closed to shellfish taking. Due to the time of year, submerged aquatic vegetation (SAV) was not observed growing within the project area; however SAV is known to grow within the shallow waters at this location. Based on available information, there appear to be no archaeological sites on this property or nearby. Anticipated impacts resulting from this project are expected to include: the filling of 2,700 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 60 sq. ft. of Coastal Wetlands AEC; the shading of 3,200 sq. ft. of Public Trust Area/Estuarine Waters AEC, and; the disturbance of 8,140 sq. ft. of Estuarine Shoreline AEC. Basis for Determination: The subject property is designated as "Residential Areas" on the Town of Duck Future Land Use Map (FLUM). The project site is located within Areas of Environmental Concern (AECs). The following LUP policies may be applicable to this request. Issue Area #6 Currituck Sound Shoreline: Policy #6a, page IX-10. "Duck supports continued management of the Currituck Sound shoreline to protect and preserve the natural resources of the water and shoreline relying primarily on the CAMA permit program and the Areas of Environmental Concern (AEC) designated under the CAMA program. Duck reserves the right to review, comment, advocate, or oppose any regulations or programs that may affect the regulation of estuarine waters and/or the estuarine shoreline." ilr RECIRM 1367 US 17 South, Elizabeth City, NC 27909 APR IS 2013 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net DCM MHDC1TY An Equal Opportunity 1 Affirmative Action Employer North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 3 of 4 Policy #6b, page IX-10. "Duck will: provide clear direction to assist decision making and consistency findings for zoning, divisions of land, and public and private projects; and, support State and Federal programs and initiatives to reduce and control pollution from water craft. Policy #6c, page IX-10. "Duck will review and analyze development and redevelopment proposals for consistency with the future land use map included in this land use plan." Issue Area #13 Natural Hazard Areas: Policy #13a, page IX-16. "Duck will prevent the disruption of natural hazard areas by adopting and enforcing ordinances and procedures to regulate land use, development, and redevelopment and supports applicable State and Federal laws and regulations regarding land uses and development in areas of environmental concern." Policy #13d, page IX-16. "Support State and Federal policies that regulate the location and intensity of development in State designated areas of environmental concern." Policy #13f, page IX-16. "Allow development and redevelopment within special flood hazard areas subject to the provisions and requirements of the National Flood Insurance Program, CAMA regulations, and the Town's zoning ordinance." Policy #13j, page IX-16. "Regulate uses and activities in and on the Atlantic Ocean and Currituck Sound through adoption of overlay districts to address the impacts of development and redevelopment and uses on natural features to avoid introduction of hazards to these sensitive environmental resources." RECEIVED APR 15 2013 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net DCM-MHD Cffy An Equal Opportunity 1 Affirmative Action Employer North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 4 of 4 Issue Area #16 Public Access: Policy #16c, page IX-18. "Support maintenance of private community beach and Sound accesses which adequately serve the access requirements of year round and seasonal populations." Issue Area #27 Uses of and Activities in and on Ocean and Sound Waters: Policy #27b, page IX-27. "Duck will encourage the safe and environmentally friendly use of the waters of the ocean and sound by residents and visitors alike; and, encourage private and public recreational uses within Town waters that are appropriate with respect to maintaining water quality, ensuring public safety, and ensuring quality of leisure experiences." Issue Area #28 Water Quality: Policy #28a, page IX-28. "Duck will coordinate development review and enforcement of local ordinances with applicable State and Federal laws and regulations regarding protection and enhancement of water quality and areas of environmental concern." - RECEIVED APR 15 2013 1367 US 17 South, Elizabeth City, NC 27909 DCM-MHD CITY Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer � A U6 R North Carolina Department of Environment and Natural Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director April 5, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Lee Padrick Division of Community Assistance Doug Huggett Major Permits Processing Coordinator L) Resources CAMA/DREDGE & FILL Permit Application Review Joseph R. Newton 1328 Duck Road, Duck, Dare County Bulkhead replacement & pier construction on two lots John E. Skvaria, III Secretary # RECEIVED APR 15 2013 DVV-VR1DC1Ty Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/26/13 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. r/ s 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 � yodg! � DATE rf—/z -?'3 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2643901 \ FAX: 252-264-3723 ; Intemet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer North Carolina Pat McCrory Governor April 5, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: MiEMPED RUMAPR 16 2013 CI`II� , Department of Environment and Natural Resources Division of Coastal Management DCM'MHDCny Braxton C. Davis John E. Skvarla, III Director Secretary RECEIVED APR 0 8 2013 Tim Walton,Manager DOA g STATE PROPERTY State Property Office OFFICE Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Joseph R. Newton 1328 Duck Road, Duck, Dare County Bulkhead replacement & pier construction on two lots Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/26/13 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. SIGNE DATE 1367 US 17 SouthUElizaity, NC 27909 Phone: 252-260901 \ FAX: 252-264.3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer Pat McCrory Governor April 5, 2013 PIA s1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director Kevin Hart NC Division of Marine Fisheries, WaRO Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Joseph IL Newton 1328 Duck Road, Duck, Dare County Bulkhead replacement & pier construction on two lots John E. Skvarla, III Secretary RECEIVED APR 17 2013 DC.V,V-gDC:Ty Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/26/13 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. -K 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 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer AMA f-; OEM North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary April 5, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Anthony Scarbraugh, 401lWetlandsBuffers Division of Water Quality - WaRO Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Joseph R. Newton 1328 Duck Road, Duck, Dare County Bulkhead replacement & pier construction on two lots 1V APR - 8 2013 D�� t3-r73��f Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/26/13 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: T s agency has no objection to the project as proposed. y This agency has no comment on the proposed project. SIGNED 1367 US 17 South, 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. DATE l I // 3 City, NG-M9 252-264-3723 ; Internet: www.ncoDastalmanagement.net An Equal Opportunity l Affirmative Action Employer t:�a4 ,�f (� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director D r Secretary I April 5, 2013 APR Shegfls� Sanit MEMORANDUM Wate t IcY �". e,r0nal TO: Patti Fowler °n NC Department of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator RECEIVED SUBJECT: CAMA/DREDGE & FILL Permit Application Review APR 12 2013 Applicant: Joseph R. Newton DCM-MHD CITY Project Location: 1328 Duck Road, Duck, Dare County Proposed Project: Bulkhead replacement & pier construction on two lots Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/26/13 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 comme ts. SIGNED ('till �rP"�4`"� DATE ylla/i3 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-26439011 FAX: 252-264-3723 ; Internet: www.necoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Pat McCrory Dr. Louis B. Daniel III Governor Director MEMORANDUM April 10`h, 2013 TO: Doug Huggett Major Permits Processing Coordinator FROM: Shannon Jenkins Environmental Senior Specialist THROUGH: Patti Fowler Shellfish Sanitation & Recreational Water Quality Section Chief SUBJECT: Joseph R Newton Pier Construction Dare County John E. Skvada, III Secretary AP? 12 2013 DCM-MAD CITY We have no comments on the project proposed in this permit application. However, it should be noted that this permit application incorrectly states that the proposed project is located in Prohibited shellfishing waters. This project is located in an area that is currently Approved for shellfishing. 3441 Arendell Street, P.O. Box 769. Morehead City, North Carolina 28557 Phone: 252-726-7021 \ FAX: 252-726-0254 \ Internet: portal.nodemorg/web/mf An EQUal Oooftnity \ Afiffng" Action Emolo"r vtfwA �t NOT A-CAMA PERMIT NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary April 16, 2013 DWQ Project #: 13-0364 Dare County Joseph R. Newton 239 Duke Street Norfolk, VA 23510 Subject Property: 1328 Duck Road, Duck Currituck Sound [P,AS56, 30-1, SC] Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Newton: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.13 acres,of waters (0.06 acres of fill and 0.07 acres of shading) and 0.001 acres of coastal wetland (60 square feet of fill) for the purpose of constructing a proposed bulkhead and installation of two piers at the subject property, as described within your CAMA Major application dated April 5, 2013 and received by the N.C. Division' of Water Quality (DWQ) on April 8, 2013. The impacts described in your application are covered by General Water Quality Certification Number(s) 3900 (GC3900). 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. If you change your project, you must notify us and you North Carolina Division of Water Quality Internet ww v ncwaterauality ore 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal OpportunityfAffirmative Action Employer— 50% Recyded110% Post Consumer Paper MfthCarohna Naturally 1 ,1j021 ANIAJ A TOW Joseph R. Newton Page 2of3 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: 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 Coastal Wetlands 0.001 acres Application Drawings Waters 0.13 acres Application Drawings 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire -upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Joseph R. Newton Page 3 of 3 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 Anthony Scarbraugh of the Washington Regional Office at 252-948-3924 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape) Unit at 919-807-6360. Sincerely, 001 &la6— For Charles Wakild, P.E. Enclosures: Certificate of Completion GC 3900 cc: Raleigh Bland, Corps of Engineers Washington Field Office DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, Ron Renaldi, Elizabeth City DEMLR, WaRO File copy George Wood, Environmental Professionals, Inc., PO Box 3368, Kill Devil Hills, NC 27948 File:13-0364 Joseph R. Newton _3900 approval/as ARM* NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor April 5, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis John E. Skvarla, III Director Secretary Patrick McClain, P.E., Regional Engineer / Tracy Davis Division of Land Quality - WaRO Doug Haggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review RECWaD Joseph R. Newton 1328 Duck Road, Duck, Dare County APR 2 3 2013 Bulkhead replacement & pier construction on two lots DCM MDCnV Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/26/13 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. r/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 V;F-1 u0 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-26439011 FAX: 252-264-3723 ; Internet: www.n=astaimanagement.net An Equal Opportunity 1 Affirmative Action Employer Howell, Jonathan From: Renaldi, Ronald Sent: Friday, April 12, 2013 4:20 PM To: Huggett, Doug Cc: Howell, Jonathan Subject: FW: Joseph Newton Sound Developmennt - CAMA Application - SGDLA Comments Ok, here is a newer email I just got. Seems like everything is good now. Thanks, Ron Ron Renaldi Field Representative NC Division of Coastal Management Elizabeth City Office Ronald.RenaldiC@ ncdenr.eov (252) 264-3901 ext. 232 (252)264-3723 FAX httD://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. From: GATTISFB@aol.com [mailto:GATTISFB@aol.com] Sent: Friday, April 12, 2013 4:18 PM To: obxwood@yahoo.com; scady@townofduck.com Cc: jmichel.obx@gmail.com; johnbateman9@gmail.com; EBENKELMANNSR@aol.com; juliewoodyhope@comcast.net; framsay54@gmail.com; robertaggraham@gmail.com; Renaldi, Ronald Subject: Re: Joseph Newton Sound Developmennt - CAMA Application - SGDLA Comments Dear Mr. Wood, Thank you for your clarification. It does indeed address our concerns. As I said in my earlier e-mail, we are pleased with the proposed rebuilding of the Sound bulkhead to protect the shoreline. We do not have a problem with your proposal as long as the construction ramp is removed and disturbed areas are stabilized promptly at completion of construction. fl-ole Franklin B. Gattis Secretary, SGDLA In a message dated 4/12/2013 3:08:31 P.M. Eastern Daylight Time, obxwood()yahoo.com writes: Dear Mr. Gattis Please be assured that the application stating that the access easement is public is not an attempt to assign a use of the area for any other purpose than originally intended. Public in this sense is simply to reflect that their are numerous holders of the easement to the access pier (Snow Geese Dunes Homeowners). I respectfully request amendment of that language by the NC Division of Coastal Management by copy of this e-mail. The access ramp is located on property owned by Dr. Newton of which the Snow Geese Dunes Homeowners association have an easement. It has been carefully located to avoid removal of significant vegetation (this area appears to have been used before for construction access) and it is not anticipated that the ramp will remain after construction. The disturbed areas, are proposed to be stabilized. The location of the ramp has also been chosen to avoid any unintentional fill from encroaching in wetlands. I trust this information will address the Snow Geese Homeowners association's concerns. George H Wood CEP, PWS PO Box 3368 1404 S Virginia Dare Trail Kill Devil Hills, NC 27948 Phone(252)441-0239 Fax:(252) 441-0721 Specializing in environmental consultation for Phase I&II assessments, wetland delineation, state and federal permitting, NEPA & SEPA Compliance, underground storage tank arrangements, soil/water assessments and contaminant remediation. From: "GATTISFB cDaol.com" <GATTISFB(cDaol.com> To: scadya()townofduck.com; obxwoodeZyahoo.com n Cc: EBENKELMANNSR(aol.com; GATTISFB onaol.com; juliewoodyhope(o)comcast.net; framsav54(ftmail.com; robertaoaraham angmail.com Sent: Friday, April 12, 2013 11:41 AM Subject: Joseph Newton Sound Development - CAMA Application - SGDLA Comments Snow Geese Dunes Board of Directors is pleased to see interest in rebuilding the Sound bulkhead to protect the shoreline and thus help protect our investment on the southern 20' of Mr. Newton's property. We are concerned, however, with the assertion in the application that the 20' easement on Mr. Newton's property is public. It is a private easement deeded specifically to the lot owners on North Snow Geese Dunes. Their rights trace from the deed recorded in Book 206, page 843 and are recorded on each of their individual deeds. We are further concerned that construction access will be along this easement and will involve removal of vegetation that provide both stability to the sand and privacy to the holders of the easement and the property owner alike. Furthermore, the application does not mention removal of the ramp following completion of construction and re -vegetation of the easement. In fact, it would appear that the ramp may be a permanent feature designed to provide access to the piers. We would appreciate revision of the application to accommodate our concerns. Sincerely. WAU0 Franklin B. Gattis Secretary, SGDLA j tf Huggett, Doug From: Carver, Yvonne Sent: Friday, April 12, 2013 12:44 PM To: Huggett, Doug Cc: Jennings, Frank Subject: FW: Joseph Newton Sound Development - CAMA Application - SGDLA Comments Ron asked that I forward to you this email in which Mr. Gattis expresses concerns regarding the Newton project. The major permit application was distributed to review agencies on 04/05/13. Yvonne B. Carver NC Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901, ext. 231 252-264-3723 (fax) 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. From: Sandy Cross [maiIto: scross@townofduck.com] Sent: Friday, April 12, 2013 11:47 AM To: gattisfb@aol.com Cc: Renaldi, Ronald; Carver, Yvonne; Andy Garman; William Tate Subject: FW: Joseph Newton Sound Developmennt - CAMA Application - SGDLA Comments Mr. Gattis — I am forwarding your comments on to the folks at the Division of Coastal Management who are processing Mr. Newton's Major CAMA permit, and I am copying Andy and Cory so they aware of your concerns at such time that we receive a building permit application. Hope you have a great weekend. Sandy Cross Permit Coordinator/CAMA LPO/CZO Department of Community Development Town of Duck, North Carolina P.O. Box 8369 Duck, INC 27949 252-255-1234 252-255-1236 (f) scrossCo)townofd uck.com www.townofduck.com From: GATTISFB@aol.com [mailto:GATTISFB@aol.com] Sent: Friday, April 12, 2013 11:42 AM To: Sandy Cross; obxwood@yahoo.com Cc: imichel.obx@gmail.com; johnbateman9@gmail.com; EBENKELMANNSR@aol.com; GATTISFB@aol.com; juliewoodyhope@comcast.net; framsay54@gmail.com; robertaggraham@gmail.com Subject: Joseph Newton Sound Developmennt - CAMA Application - SGDLA Comments Snow Geese Dunes Board of Directors is pleased to see interest in rebuilding the Sound bulkhead to protect the shoreline and thus help protect our investment on the southern 20' of Mr. Newton's property. We are concerned, however, with the assertion in the application that the 20' easement on Mr. Newton's property is public. It is a private easement deeded specifically to the lot owners on North Snow Geese Dunes. Their rights trace from the deed recorded in Book 206, page 843 and are recorded on each of their individual deeds. We are further concerned that construction access will be along this easement and will involve removal of vegetation that provide both stability to the sand and privacy to the holders of the easement and the property owner alike. Furthermore, the application does not mention removal of the ramp following completion of construction and re -vegetation of the easement. In fact, it would appear that the ramp may be a permanent feature designed to provide access to the piers. We would appreciate revision of the application to accommodate our concerns. Sincerely. 60roe Franklin B. Gattis Secretary, SGDLA June 13, 2013 Regulatory Division Action ID No. SAW 2013-00738 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 Joseph Newman for Department of the Army authorization to construct a 181 linear foot vinyl bulkhead, resulting in the filling of 2,700 square feet of shallow water bottom, and 2-200 foot long by 5 foot wide piers with 600 square foot t-head platforms on each, located on two lots at 1328 Duck Road, adjacent to the Currituck Sound, in Duck, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Washington Field Office North Carolina Division of Coastal Management 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(a2thecoastlandtimes.net FROM: Yvonne Carver for Ron Renaldi DATE: 04/04/13 SUBJECT: Public Notice: Joseph Newton John E. Skvarla, III Secretary Please publish the attached Notice in the Sunday, April 7, 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, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECMVED 1367 US 17 south, Elizabeth City, NC 27909 r APR 0 8 2013 Phone: 252-264-3901 1 FAX: 252-264-3723; Internet: www.nccoastalmanagement.net DCM-Xr DCITy An Equal Opportunity 1 Affirmative Action Employer 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 on 03/29/13. Joseph Newton proposes to replace bulkheads & construct piers on two lots at 1328 Duck Road in Duck, Dare 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 04/27/13, 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: Sunday, April 7, 2013 r. t NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director April 4, 2013 Mr. George Wood Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948 Dear Mr. Wood: John E. Skvarla, III Secretary The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of Joseph Newton for State approval for development of property located at 1328 Duck Road in Dare County. It was received complete on March 29, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 13, 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 March 29, 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. tt1rCEIYE,D •>c APR 0 9 2013 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net DC:vI-2C:IDCITY An Equal Opportunity \ Affirmative Action Employer Mr. George Wood April 4, 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, Frank Jennings District Manager, Northeastern District FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC Joseph Newton, Applicant, Norfolk, VA NoTl(** J � d. U C r � Q AMA PERMIT APPLIED FOR PROJECT: --� / is I . _ r ALA Ct- L to c. K N EA D J- o dJ T.s "t, 1.5.25" c�ta'i�awat�fl OF 40C.` ?YACACICIl.c.inlr. ,co^no 51foRELIAf'E AACA. C n1d TIZ u CT' 2 - -2 n:S'.c s ' ?ZERS cAITW .30'ec20* 7—NCAD PLA FT tgn,7S' COMMENTS ACCEPTED THROUGH a Y /2-7 %/ s APPLICANT: -3%m sEPK 'Vewr,o"q ,239 aaKE s—. NbRF04Ae ✓d 23S/o 75 7 - of 3 7 - to ,1-3' FOR MORE DETAILS CONTACT E THE LOCAL PERMIT OFFICER BELOW: �-� -9 on/ R EN a f- Co I D.✓. GO *jr.4 C M�4NkGtr'brE�T .3<*? U S H04y /7 Sa%^Tpg C{L(tl i,gfFl cinc N� L71�9 2-5'Z-ZC04- 31,V/. exr, Liz. AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Landowner of record authorizes Environmental Professionals, Inc. to: I. enter the property to gather environmental and site information, including delineation of environmental regulatory jurisdictions; Z. enter the site with the regulatory agencies (i.e. U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.) as needed to review regulatory alignment(s) and/or to identify additional regulatory jurisdictions; 3. submit plats and other information to acquire regulatory agency confirmations, approvals, and/or determinations (U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.); and 4. act as agent for the purposes of obtaining environmental permits, authorizations, and/or determinations. La ownffr Client �// �0/2 Date Date RECEIVED APR 0 8 2013 DC,MM4DCITY 6: 1898 P: 323 Doc Id: 6311112 05/2412012 a W M1 aawi4l a. 12-65% Om CoeY: OER0 NOEteit� Ttt ea: e1090 W YMEOI {a MM1nrtr�Sni ll,, a�OitUr 1 Malt Otrr C NL TnXCdkictor That Tltxee DARE AreOUR. Dar- 6y �r111CeDOd COUNTY i expitaJamat they 41 der. LT REAL ESTATE 7,RANSFER TAX APPROVED I-lly-I i w DARE COI NTY TAX COLLE TOR Excise Tat: ND. I I Recording Tiad 4 Tax lot No. �Q Parcelldemifiea No. me, 0 96740 Verified by County on the o by -- Mail after recording to: Wholm & WheleM PLLC, 101 This immonerN wm prepared by: Thomas, P. Naah, IV, t Brief Description for Index: I I/ NORTH CAROLL NERAL WARRANTY DEED This DEED, made this 9' day of 2012 by and between GRANTOR GRANTEE Neal Blinken, Trustee for Tyson S. BI' ea J h R. Newton, Jr. Irrevocable Trust dated Mortis 17,19 Duke Street, Unit 203 Neal Bliaken and wife, Mart i S 11 olk. VA 23510 P. O. Box 1374 Kitty Hawk NC 27949 - The desigrtatiar Grams and G as used N stall include said parties, their heirs, successor; and migrss, and shell include singutr, p1uaF;lnasculm f ' ine or m required by context. WITNESSETH, GAG/ va lu It consideration paid by Grantee, the receipt of all or which is hereby ackwwwledged, em does grant, basgain, sail and convey unto the said Gramee in fat simple, all that certain lot or cl o I ated r tic Township, Dare County, North Carolina and more particularly described as follows: See E ttathed train and made a part hereof This The mninn by'Thomas P. Nash, IV, a licensed North Carafe, adswasy. Delinquent toxes, if any, to wing;g. ty to the toasty tax collector upon disbarsu meal ordering proceada ibed was acquired by Gramor by inartnunt recorded in Dad Book 637, Pogo 769, M,in the Dart County Public Registry. ("the property herein conveyed _ includes or a does nor include the primary mi4erlce oeaECEIVED above described property is recorded in Map Book � page, in Due Canty .APR 0 8 2013 DC:v1 M M CITY 5371112 0: ia9a P: 323 papa 1 of 3 5/21/12 4:50 RI Wii, h Al&''M'L'W1MfflI#andliiliUi8III TO HAVE AND TO HOLD the aforesaid lot or parcel ofland and all privileges sad appnmrmces thereto belonging to Grantee in fa single. And Grmmrcovenants with Grantees that GPntor is seized of the prtmdus in fee%in has the right to convey the same in fee simple, ihstthb istmdzpble amd,4ee and clarofaaauwlr,soces, and thu Gnntorw l[t2rtart sod defendfhetitk agimuthe 4_a`vfW cls®r df ll peisgns who�oeverexapl.... owimg exoeptiumorohJcCgogsm tift n Fasernents, restrictions,rights ofway of record, public service ailitya �ifmy. Ad valoremtmes for2012 and all subsequrnt years. IN WITNESS SIMEOF, the Grantor has duly executed the foregoing a of the dsyand ho Written J I TVsmm& Blidrem&;V6 a Z datedM . 17.1936 By. STATE OF NORTH CAROL.INA COUNTY OF PASQUOTANR My Commission &vim: STATE OF N*4 certify that is the Trustee of nd as she aer of such tee of the Tyson S. (SEAL) Mary Lou Kauaihilo Notary Public Pasquotank County, NC 1. Mary Lou au a Pubtk mftht Cowry ad State aforesaid, oettify that Nap Blidren and ■ t a Personally came before mcthis dry and acknowledged the due a o fineg ' trtnoent for UK Purposes therein expressed. Witness nr h and- ' seal,thisthe W"- dayofNLy.2012. .. ... _. ._4— (SEAL) MoV 01.2016 Mary Lou Kaualhilo Notary Public Pasquotank Coun , NC 6312a1p12W 0rt:pIs" p Px: aM'���1�Ppa;,tnt�a 2 a! 3 5/24/32 4:50 PM Im m'iY11 N- 11"fitllartIYt�rM mRuff.1418h 1191 Exhibit "A" Beginning at an existing concrete monument situated in the western margin or right of way of the NC State Road leading through the Village of Duck at the point of intersection thereof with the south line of lands formerly belonging to C. L. Kaufman and Ira B. Hall, as shown in map or plat of said lands made by Bruce B. Gallop, Surveyor, recorded in Map Book 6, Page 24, Public Registry of Dare County, North Carolina; running thence from the beginning along the western margin or right of way to the aforesaid S Highway North 14 deg. 37 min. 57 sec. West a distance of 165 feet to an existin pipe; naming thence North 85 deg. 31 min. 31 sec. West a distance of 355. 12 feet t iron pin set; continuing thence North 85 deg. 31 min. 31 sec. West 24 fee to the shoreline of the Currituck Sound; running thence in a southerly dinxtfijBn— shoreline of the Currituck Sound to the northwest comer of the prope formerly belonging to Snow Geese Dunes, Inc. ; running thence South 85 deg. min. East 24 feet, more or less, to the low water mark of the Currituck Sound, th in a southerly direction along the low water mark of the Currituck Sou nort coma of the property now or formerly owned by Snow Geese D ' g thence South 85 deg. 31 min. 31 sec. East 13 feet, more or I ex' 'n n to monument, said existing concrete monument being located tie line 'ch is ted South 22 deg. 27 min. 49 sec. West 174.89 feet from the t point o I number 2 hereinabove; continuing thence South 85 deg. 31 sec. eet to the point or place of beginning The said land being conveyed subject to that c 'n 20 foot e t of right of way over the southerly 20 feet thereof conveyed to ward Gavin wife, Allene S. Gavin by deed of C. L. Kaufman, Jr. , et als, dat obey 26 3, and recorded in Book 206, Page 943, Public Registry of Dare Corm o lina. no aa1/112 ■: ia9a V: a2J Oa 3 of a 5/24/12 rya p� iiihFi,fld�bfit W HI W W N+IIhN BW1 *I III RECEIM APR 0 8 2013 DC.M-N.`.IDCITY MAJOR PERMIT FEE MATRIX Applicant: -To,,, 4, R 14c w�w� Selection Development Type Fee DCM % DWO % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial ❑ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. 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. 5400 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 r/U��51 Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be applied: IV. For development that El involves the filling and/or $475 60% ($285) 4 ffe") excavation of more than one acre of wetlands and/or open water areas: 1✓^i.Yi•'v��1✓ 411 1 Environmental Professionals, Inc. of/w GATEWAY BANK AND TRUST CO 11139 PO Box 3368 66-1224/531 Kill Devil Hills, NC 27948 252-441-0239 3/6/2013 q; PAY TO THE i>! ORDER OF NCDENR $ **400.00 Four Hundred and 00/100**««»*««*»»....»».«.»«..«»»»**..«*.«*.««..»*»«»»»«.*.».*».»«»»»».....»»«..«».»...».««.»«»..*»»».».» DOLLARS 8 NCDENR i t NX) Permit application feeJoseph Newton 1100iii3gn' 4053112246i:201007562611• Environmental Professionals, Inc. NCDENR Date Type Reference Original Amt. 3/6/2013 Bill 12-044 400.00 3/6/2013 Balance Due Discount 400.00 Check Amount 11139 Payment 400.00 400.00 i MAR i 1 2013� COF1Sri,l ars,rjAGF^�FdT r Hampton Roads Bank Permit application feeJoseph Newton 400.00 CERTIFIED MAII ,,RECEIPT M (Domestic Mail Only; No Insurance Coverage Provided) ---- -- 171 I S E m - _u Postage s S1.S E 7ll Certified Fee Qi�ff - 07 B�B VLANNINGFOR r-1 A BETTER ENVIRONMENT M Return Recelpt Fee (Endorsement Required) March 7, 2013 O ested Mailing)" Restricted Dellva7 Fee (Endorsement Required) ilJ,lkl ? % C3 ru Total Postage 6Fees .P, $7.17 IJ3/07/2013 rru Snow Geese South Homeowners Snow Geese South Sent To Association Attn: Mr. John Ga 'Cr............ , i No-- - Attn: Mr. John Gaw P.O. Box 4890 0 or PO Boxf. P.O. Box 4890 Kitty Hawk, NC , er seie,"zia : Kitty Hawk, NC 27949 Dear Mr. Gaw, MMEEL— This letter is with reference to property which is adjacent to yours on the Currituck Sound owned by Dr. Joseph Newton. Environmental Professionals, Inc. is representing Dr. Newton to obtain permits to construct a bulkhead and two piers as depicted on the attached plat and described in the application. Should you have any questions regarding this request, please contact me or the North Carolina Division of Coastal Management within 30 days of receipt of this letter (contact information noted below). Environmental Professionals, Inc. Attn: Mr. George Wood, CEP, PWS P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone No.: 252-441-0239 Celt No.: 252-423-1234 Email Address: obxwood a(-yahoo.com North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 1367 U.S. 17 South Elizabeth City, NC 27909 Telephone: 252-264-3901 Thank you for your consideration of this matter. Sincerely, Environmental Pro2,PWS , Inc. (A�eH. GeWood, 1 have no objection to the project described in this correspondence. 1 have objection to the project described in this correspondence. REC6iYED cc: Dr. Joseph Newton r.:,APR 0 8 209 DCM-NOCITY P.O. BOX 3368 • KILL DEVIL BILLS, NORTH CAROLINA 27948 • 252-441-0239 FAX: 25244"721 • EMAIL: obawuoda@yahoo.rom r 7i i I rn A A L E MAR 1 1013 run Pas ageFee s 51.52 044Z 1-0 -- . PUNNING FOR March 7, 2013 a $3.10 cemned Fee ��g7 H1�� {uested717allinyJ, BETTER O ENVIRONMENT 10 Return Receipt Fee P--- (Endorsement Required) t2.. He ---'--- RestrictedDeUveryFee (Endorsement gegmred) Mr. Stephen Brc ru Toter Postage a Fees 94 $7,1 031071 7 h 7001 Buxton Te ru Bethesda, MD ,Q, BenrTo NC 2 o sr%eer-ARR67, Mr. Stephen Bro le DearMr. Brodim crPOBOXNO. 7001 Buxton Terrace c r"§raie"YIA Bethesda, MD 20917 This letter -is wi Ick Sound owned by Dr. Joseph Newton. ton to obtain permits to construct a bulkhead and two piers as depicted on the attached plat an escn d in the application. Should you have any questions regarding this request, please contact me or the North Carolina Division of Coastal Management within 30 days of receipt of this letter (contact information noted below). Environmental Professionals, Inc. Attn: Mr. George Wood, CEP, PWS P.O. Box 3368 Kill Devil dills, NC 27948 Telephone No.: 252-441-0239 Cell No.: 252423-1234 Email Address: obxwood(ayahoo.com North Carolina Division of Coastal Management Attn: Mr. Roo Renaldi 1367 U.S.11 South Elizabeth City, NC 27909 Telephone: 252-2644"1 Thank you for your consideration of this matter. Sincerely, Environmental Professionals, Inc. rge H. Wood, C , PWS I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. cc:" Dr. Joseph Newton 'f . . P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 • 252-441-0239 FAX- 252441.0721 • EMAIL: obxwood®yahoo.com ■ Complete items 1, 2, and 3. Also complete kem 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the cant to you. ■ Attach this card to the back of the mallpiece, or on the front If apace permits. 1. Article addressed to: A. Signature X Agent ❑ addressee B. Received by (Printed Name) G. Date of Delivery D. Is deevay address dMerant from kern 1 T O vas If YES, enter delivery address below. $No Air. Stephen Brodie 7001 Buxton Terrace Bethesda, MD 20817 3. type Cemfied Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Melt ❑ C.O.D. 4. Restricted Deilveryt (Extra Fee) ❑ Yes 2. Article Number. (rramsfarfrom mrvics law 7009 2250 0001 3633 7220 PS Form 3811, February 2004 Domestic Return Receipt O j-7—,*q i 162sss02-WI540 ■ Complete hems 1, 2, and 3. Also complete Item 4 If Restricted DefNery Is desired, ■ Prim your name and address on the reverse A. Si9natLre ,.. X Agent ❑ Addressee so that we can return the card to you. ■ Attach this card to the beck of the mallplece, B. Received by (Pdn ted Name) C. Date of Delivery or on the front 8 space permits. D. Is deliveryadtrasvdMlaerd from item 11 If YES, enter delivery address below: ❑ Yes tKo t. Article Addressed tom, Snow Geese South Homeowners - Association Attn: Mr. John Caw P.O. Box 4890 { Kitty Hawk, NC 27949 3 type Certified Mail ❑Express Mail ❑ Registered ❑ Rehm Receipt for Merchandise ❑ frrsured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes bw 2' Article wmwfmm 7009 2250 0001 3633 7053 (IFarrsler Irom servke le6elJ PS Form 3811, February. 2004 Domestic Return Receipt 0 /;?-0 102595-02-IM1s4o RECEMM APR 0 8 2013 D0f-b'M)MY USPS.conM - Track & Confirm hops://tools.usps.cotdgo/TrackConfirmAcrion! execute.action?format[.. Erpl/ish// Custor rService USPS W I. 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Buy Stamps & Shop, FCIA, Print a Label with Postage, No FEAR Act EEO Data, CustomerseMce, Site Index, CopyrigltO 2013 LISPS. AD Rights Reserved ON AB0UT.USPS.CO51 About LAPS Home, Newsroom, Mail SerAcs Updates, Forms & PusUcatcns, Careers, Register/ Sign In Search USPS.=rn or Track Packages Shop Business Solulions LACATON BETHESDA, MD M817 BETHESDA, MD 20817 CAPITOL HEIGHTS, MD 20790 CAPITOL HEIGHTS, MD 20790 KILL DEVIL HULLS, NC 27D48 KILL DEVIL HULLS, NO 27948 FEATURES Expected Delivery By. March 9, 2013 cerd8eci Mail Return Receipt OTHER USPS SITES Business Customer Gateway , Postal Inspectors, Inspector Genera , Postal E.plorer, 1 of 1 4/2/2013 3:28 PM "This is a word processing form to be completed in Microsoft Word' NC Division of Coastal Management Major Permit Application Computer Sheet (11i012012) GZ* ❑Morehead We Ofroil a( applicShOn submiffal (EX: VW007): 3111113 Date application 'received as complete" in the Field office (EX: 1/82007): 3292013 PermitAuthorization: ❑CAMA []Dredge & Fill ®Both SITE DESCRIPTIOMPERMIT INFORMATION PNA: []Yes ®No Photos Taken: Yes® No[] Setback Required (riparian): []Yes ®No Critical Habitat: El Yes ®No ❑Not Sure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned - []Yes [gNo SAV.E]Yes No ®Not Sure Shell Bottom: Yes ®No ❑Not Sure Tempormylmpacts: ®Yes ❑No Sandbags: Yes ®No Not Sure Did the land use classification come from county LUP. ®Yes ❑No Mitigation Required (opfional): ❑Yes ®No Moratorium Conditions: Elyes ®No ❑NA Environmental Assessment Done: El Yes ®No❑NA SECONDARY WATER CLASSIFICATION —OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutdent Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (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 (SY) Salt reed grass (Spartina akemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Schpus ❑ (Ti') Cattail (Typha sp.) spicata) SO ® (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 El III(A) Private w/D&F up to 1 acre; 3490 N III(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 ❑ III(B) Public or commercial w/D&F to 1 El Express Permit - $2000 acre; 3490 can be applied - $400 RECERM ❑ Major development extension request - 11 Public or commemiaUno dredge Al $100 andror fit/ - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ Ill(C) Pm. public or comm w /D&F to 1 acre; 3490 can be applied, • DCM needs DWQ agreement - $400 252-808.2808 :: 1.888-4RCOAST :: www.necoastalmananament.nat revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Joseph R. Newton Date: 4l, O13 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Bulkhead (not 1 New Work ® Replace 181 1 5 15.25 nwl vinyl) Maint ❑ ❑ Y ®N High Ground 1 New work Replace 90 90 Disturbance Maint ❑ ❑ Y ON Piet^ 2 New Work ® Replace 200 5 Maint ❑ ®Y ❑ N Platform 2 New Work Replace 30 20 .r Maint ❑ ❑ Y ON New Work [I 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 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 New Work 0 Replace - Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Joseph R. Newton Date: 413QO13 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 Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restorafon or and/or temp restoration or temp impact temp impacts) impact amount temp impacts) amount High Ground Dredge ❑ Fill ® Both ❑ Other ❑ 600 600 Open water Dredge ❑ Fill ❑ Both ❑ Other ® 3200 3200 Shallow Bottom Dredge ❑ Fill ® Both ❑ Other ❑ 2700 2700 Shoreline Dredge ❑ Fill ® Both ❑ Other ❑ 230 230 High Ground Dredge ❑ Fill ❑ Both ❑ Other ® 8140 8140 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ WCENM APR 0 8 Z013 t.e„ „I:u yrr�i 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmananement.net revised: Nov. 2012 DCM Coordinator: �koli-s-e\\ Permit MAILING DISTRIBUTION SHEET %D-/3 Agents:, DCM Field OfficesJkg�tR ✓ y Morehead City Washington Wilmington US ACOE Offices: (with revised work plan drawings) Washington: Raleigh BlandL Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill -Early or (nvironmental.review@ncdcr.gov) Public Water Supply: Debra Benoy (WIRO) v- Marine Fisheries: NC DOT: en Pace Ci Shellfish Sanitation: i Fowler v State Property: Walton L� Water Quality: Hi gins (Raleigh) John ennessy ) Washington: carborough Wilmington: Joanne Steenhuis - 401 Chad Coburn - 401 Linda Lewis - Stormwater v Wildlife Resources: aria Dunn (WARD) LPO: Fax Distribution: Permitee #: Agent #:_