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HomeMy WebLinkAbout73-05 Krimmel, William E. F?ermnitss ermit Number 73-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and : Coastal Resources Commission 2 for X Major Development in an Area of Environmental Conce>� pursuant to NCGS 113A-118 Q� X Excavation and/or filling pursuant to NCGS 113-229 Issued to William E. Krimmel, 904 Enfield Court,Elizabeth City,NC, 27909 Authorizing development in Pasquotank County at adi. to NewBegun Creek, off SR 1131 Lot 161 Broomfield Trail, Newbegun , as requested in the permittee's application dated 2/21/05, including the attached workplan drawings (2) 1 dated 5/2/O5 and 1 dated "revised" 4/26/O5 This permit, issued on May 11,2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Boat basin 1) The upland boat basin shall be located south of the existing drainage ditch as depicted in the attached workplan drawing dated "revised" 4/26/05. This permit does not authorize any filling of the existing drainage ditch. 2) Excavation of the approved boat basin shall not exceed 40 feet long, 30 feet wide, and -4 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) An earthen plug shall be left between the area to be excavated and the existing tributary and a 24-hour period after completion of excavation shall elapse prior to plug removal to prevent unnecessary siltation into the adjacent water body. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department �' V. personnel when the project is inspected for compliance. Any maintenance work or project modification not covered Charles . Jones, Director hereunder requires further Division approval. Division of Coastal Management All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee ' /h0.0•A•0-04?PM440GOh 'Kt?��K44}�.::W-0C}}i•T:-0• i-0Nti�}.14C•�ti1}0.}P7�tiWhyh}�]tiy¢ggq{�CMti�}-0-T• William E. K"00 Permit# 73-OS Page2of3 ADDITIONAL CONDITIONS 4) No vegetated wetlands shall be excavated outside of the area indicated on the attached work-plan drawing dated"revised" 4/26/05. 5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 6) No attempt shall 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. x 7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. Shoreline Stabilization 8 The alignment of the permitted bulkhead shall be staked b a representative of the Division of Coastal g P Y P Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions shall require the alignment to be re-staked by DCM within a maximum of 30 days prior to the new expected start of construction. 9) The bulkhead shall be constructed prior to any backfilling activities. 10) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the f structure. •r 11) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. r 12) The backfill material shall be clean and free of any pollutants except in trace quantities. No backfilling shall take place within any area of vegetated wetlands. r Spoil Disposal 13) No fill material shall be placed within 30 feet of the normal water line, except that which shall be used r to backfill the area behind the bulkhead. 14) All excavated materials shall be confined above normal water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. Sedimentation and Erosion Control 15) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. .r •r 'William E. Krimmel Permit# 73-05 Page 3 of 3 ADDITIONAL CONDITIONS 16) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 17) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty calendar days of project completion. General 18) 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 shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the 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. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3490 (DWQ Project No. 05-0461), which was issued on 4/12/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510620. A� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 12,2005 Mr.William Krimmel 904 Enfield Court Elizabeth City,NC 27909 Dear Mr.Krimmel: 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. Please sign both the original (buff- colored form) and the copy. 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. Please retain the original(buff-colored form),as it must be available on site when the project is inspected for compliance. 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 require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, A.,.& k Douglas V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT. FIELD INVESTIGATION REPORT MAR 0 9 2005 1. APPLICANT'S NAME: William E. Krimmel, III Morehead City DCM 2. LOCATION OF PROJECT SITE: Lot 161, Broomfield Trail, Newbegun Land Subdivision off SR 1131, Pasquotank County and on a man-made tributary of Newbegun Creek. Photo Index - 2000: 168-1916 (V 6) 1995: 168-1718 (U 18,19) 1989: N/A 1984: 121-755 (N 5) State Plane Coordinates - X: 2846000 Y: 912500 Weeksville, NC GPS: E020820A UR 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01/21/05 and 02/08/05 Was Applicant Present - Yes, No 5. PROCESSING PROCEDURE: Application Received Complete - 02/21/05 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pasquotank County Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private, Residential (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing - None Planned - New boat basin, bulkhead and dock, re-route existing ditch (G) Estimated Annual Rate of Erosion: Less than V Source - Observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED SHADED (A) Estuarine Shoreline and 404 1,200 sf- Basin 800 sf- Ditch 320 sf Wetlands 600 sf- Ditch (B) 404 Wetlands 440 sf- Ditch (C) ES, Upland 300 sf- Ditch 120 sf (D) Total Area Disturbed: 3,780 sq. ft. (0.0867 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to excavate a boat basin and ditch and fill an old ditch in Section 404 wetlands and construct a bulkhead with backfill and a boat dock. Field Investigation Report: William E. Krimmel, III Page 2 Project Setting The proposed development site is located in the southeastern section of Newbegun Landing Subdivision, on Lot 161 Broomfield Trail (pvt) at the end of Small Drive (pvt), which is an extension of SR 1131 in Pasquotank County and on an un-named tributary of Newbegun Creek. The subdivision, which is the site of a decommissioned World War II Naval blimp base, also has an entrance via SR 1126, which served as the main gate to the base. The site is a 58,627-square foot lot designated for a single-family residence. The property is mostly flat and open and site work for the construction of a single-family dwelling is under way. The elevation of the property ranges from +1 foot at the shoreline to +6 feet above normal water level (NWL) for most of the property. The soils at the site are classified as Mattapex very fine sandy loam, deep phase, defined as slopes bordering drainage ways. Vegetation at the site consists of gum, pine, maple and indigenous grasses. The property has a 404-wetland area along the 170-foot long shoreline approximately 40 feet wide and vegetated with gum, maple, red bay and common reed. The adjacent properties have similar natural characteristics and are not developed. Along the north property line, there is an existing drainage ditch that is used to drain the roadway and part of the subdivision. The ditch is 4 feet to 8 feet wide and 1 foot to 2 feet deep. As the ditch runs through the wetland area, it gradually widens to approximately 30 feet as it connects to the adjacent tributary. The tributary is more or less a canal or a large ditch approximately 30 feet to 40 feet wide with water depths of approximately -4 feet below NWL. The tributary is used to drain most of the southern portion of a runway, several old blimp docks as well as the adjacent subdivision property. The waters of Newbegun Creek in this area are classified as SC and the waters of Pailin Creek, which is nearby, are classified as C SW. The area is closed to shellfish taking. In 1729, the county seat of Pasquotank County was moved from Nixonton to this area, and the second courthouse for Pasquotank County was constructed near this site, by Pool Point and was known as "Broomfield". Development Proposal In order to provide direct boating access, the applicant proposes to excavate a 40-foot long, 30-foot wide and -4-foot deep boat basin in the wetland area where the existing drainage ditch connects to the adjacent tributary. The applicant proposes to install 110 feet of bulkhead around the basin perimeter and to place backfill behind the bulkhead wall approximately 10 feet. The applicant proposes to construct a 4-foot wide wooden land side dock adjacent to the bulkhead and around the basin. • 1 , Field Investigation Report: William E. Krimmel, III Page wIAR 0 9 ?005 The existing ditch will be re-aligned with a direct route to the tributary. The new ditch will involve an area 130 feet long, 8 feet wide and approximately -1 foot deep. The applicant is proposing the ditch re-alignment to prevent the proposed basin from having sediment build up that is associated with the existing ditch. The old ditch will be filled. The applicant proposes to deposit all spoil material from this proposal on the upland portion of the lot and use it later, after it dries, as fill material for the bulkhead backfill and the old ditch fill. Anticipated Impacts The proposed boat basin will result in approximately 1,200 square feet of 404 wetlands located within the Estuarine Shoreline (ES) Area of Environmental Concern(AEC)being excavated and converted to 1,200 square feet of Public Trust Area and Estuarine Waters AECs. Approximately 178 cubic yards of material located below NWL will be excavated. The placement of the bulkhead, tie rods and backfill will result in approximately 800 square feet of ES AEC 404 wetlands being filled and 300 square feet of upland ES being filled. The proposed 4-foot wide land dock will shade 320 square feet of 404 wetlands in the ES AEC and 120 square feet of ES AEC uplands. The re-alignment of the existing ditch will result in the excavation of approximately 1,040 square feet of 404 wetlands to create the new ditch. Approximately 77 cubic yards of material will be removed from below NWL. Approximately 600 square feet of 404 wetlands excavated for the ditch re- alignment are located within the ES AEC. The filling of the old ditch will result in 640 square feet of ditch bottom 404 wetlands being filled. Approximately 38 cubic yards of fill material will be placed below NWL. Temporary water turbidity will occur during construction. The applicant will be able to dock a boat without impeding the navigability of the tributary. Submitted by: Frank A. Jennings, III Date: February 21, 2005 and revised on March 4, 2005 r Form DCM-MP-1 APPLICATION MAR 0 9 2005 (ro be completed by all applicants) Morehead City b. Cirryy, town, community or landmark 1. APPLICANT c. Street address or secondary road number SR 1131 a. Landowner: d. Is proposed work within city limits or planning Name �lL-�1r�y� f�Ir►tMFL jurisdiction? Yes _� No Address QtA 6y'Fa s-D L&Ja-T- e. Name of body of water nearest project (e.g. river, City 61124Ar1'?+ G i7'`7 State A)L creek, sound, bay) AJc...) 64Aue✓ K zip � Day Phone 2.52-3,W4-?!36 L.1 2sz-33g- 7885CFa 3, DESCRIPTION AND PLANNED USE Fax 2:52 33S` &r,S 7 OF PROPOSED PROJECT b. Authorized Agent: // Name — a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and excavation and/or filling activities. Address CXZ*114gVVA .4 30 4-7- 5075/-/ /J N 6 F 776r 4,67- city State �•� � ,��✓r�ro� c•�•�4-c Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? /yla.0 AW d�,04X- Fax c. Will the project be for public, private or commercial use? ?x/k4 cr' V.V g- c. Project name (if any) NoNe d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach NOTE: Permit will be issued in name ojlandowner(s), and/or additional pages. project name. DIA ,¢ 3W Xy2"Jc q' 1119-7- .✓. A LK 4v> 77,QI-" h-1066 04=Vi[[ 2. LOCATION OF PROPOSED _;C3� P" a✓i ctx 1e PROJECT 7� ,� ,� A11L � t/s�0 :n ga4q--s, C�4AW G-y 4 i rc 14 l3al� Dvcrt a. County Revised 03/95 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER A 0 � CHARACTERISTICS S.A.f n. Describe location and type of discharges to waters a. Size of entire tract of the state. (For example, surface runoff, sanitary F wastewater, industrial/commercial effluent, "wash b. Size of individual lot(s) down" and residential discharges.) c. Approximate elevation of tract above MHW or S[Jl2Fr4e'16" NWL L I d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Piter: t S,49Jt�! �R S�2.1�i ✓/G G'P{.�✓a Yt's� e. Vegetation on tract 6,eA ss d /DES f. Man-made features now on tract A 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (consult the local land use plan.) following items must be submitted: Conservation Transitional • A copy of the deed (with state application only) or Developed Community Rural ether other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then h. How is the tract zoned by local government? forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed'project consistent with the applicable from the owner to carry out the project. zoning? 6Yes No • An accurate, dated work plat (including plan view (Attach Zoning compliance certificate, if applicable) and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes A`-' No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) Please note that original drawings are preferred and k. Is the project located in a National Registered onl hi h quality copies will be accepted. Blue-line Historic District or does it involve a National Y g q ty co p Register listed or eli ible property? prints or other larger plats are acceptable only if an Yes No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? Yes _ No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Attach docwnensation iiavailable) guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) 6. CERTIFICATION AND PERMISSION numbers, landmarks, and the like. TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this tan landowners and application will allow only the development described in adjacent waterfront (riparian) signed return receipts as proof that such owners the application. The project will be subject to conditions and restrictions contained in the permit. have received a copy of the application and plats by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal proved Coastal Management Program and will be Management. Upon signing this form, the applicant conducted in a manner consistent with such program. further certifies that such notice has been provided. Name /�eG-7;��(,�r`�'' I t-,L-Wa 4 ( 1 certify that I am authorized to grant, and do in fact, Address +�Rr�"7t�Lh� �N' ' r S�� '4�Lj-- pant permission to representatives of state and federal Phone e-1 �,_/ review agencies to enter on the aforementioned lands in Ll-IZ4 t'3t "Tr-( C, ��/ 'U C ?5; y connection with evaluating information related to this Name permit application and follow-up monitoring of the �, �, project. Address Phone 1 further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone .� � This is the �'r day of 1-S-v_— , 19 ;x,-o • A list of previous state or federal permits issued for /mm ELF work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. Signature /►' y�f Del L Undowner or Aut 'zed Agent • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed project. Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the +"DCM MP-2 Excavation and Fill Information application. — DCM MP-3 Upland Development DCM MP-4 Structures Information • A signed AEC hazard notice for projects in _ DCM MP-5 Bridges and Culverts oceanfront and inlet areas. — DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE; Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03195 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards 17 8 Ly SOS gAs"u fill activities. All values to be given in feet. b. Type of material to be excavated LrTH _4:�42 S)b Y LOAv►� 51113.4.1�t F.9�C� Average Final Existing PmJect c. Does the area to be excavated include coastal Length Width Depth Depth wetlands (marsh), submerged as}uatic vegetation Access (SAVs) or other wetlands? Yes No channel (MLW) or(NXL) d. Highground excavation in cubic yards 'y 1 A Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin �D/ 30 - a. Location of disposal area L.oi 1-4 Boat rK#,L. ./l e+/M&yV 4,*j,8 ramp b. Dimensions of disposal area /ZD"X3SO Rock; ,, f groin `=N" c. Do you laim title to disposal area? ' Yes No Rock ` If no, attach a letter granting permission from the breakwater >' ' . ';. owner. 0►Tc N d. Will a disposal ea be available for future Other maintenance? Yes No (shore in . 130� $� * /f — If Yes, where? A- /L/ shoreline '� $O� g ."�`�� f� , .U�G�D/''t�7�1.�� �,��'/L /1J�L✓.� stabiliution)r i J) Revised U95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or Vier wetlands? (1) Amount of material to be placed in the yes V No water (2) Dimensions of fill area f. Does the disposal incl de any area in the water? se of fill Yes No (3) Purpose b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh , SAVs or other wetlands? Yes No If yes, r a. Type of shoreline stabilization (1) Dimensions of fill area 80 x 8 _� Bulkhead Riprap (2) Purpose of fill 1',/I ok'D 0"rc'y b. Length c. Average distance waterward�of MHW or NWL 5. GENERAL d. Maximum distance waterwajd of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion puring preceding 12 months and erosion ied? �tfi �U A& y �t (Source of information) O f. Type of bulkhead or riprap material SS4*J0Q�� a �.-� �,,, � d� t/,�/y� b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge) K J*L-4' Jam' Palk' 3' &K44r water level (1) Riprap G)Bulkhead backfill C. Will wetlands be cr:,ssed in transporting equipment h. Type of fill material ���'���-�"�" �' �'`� to project site? Yes _J�'No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material + /P 0241WJ� 5 t'!-9J P, r 4. OTHER FILL ACT IVITIES _ !./lGL/M"► � l�r����-1 Appticant o Project N (Excluding Shoreline Stabilization) ---� Signature a. Will fill material be brought to site? 2�2-/ o S Yes ✓ No Hate Revised 03/95 qv, pKoyS aft Lj 30' A�ELSFrgrc,K I G� -Esc 7. � I , _ � I D InN I 1 1 U4 ate• E tCa,mm& I I so t rOpt I { t Scc 1 � cSa t 2g,r+, f rr a Et a 4M7-rF t�n�✓, AID •�ia,�rj�Oit. vz�Y6o6 aWiw� ,o r�Wm� 'q.S 4 nh/11 ?01v� v7vai." lot, I �001 ML n cr si 0 akwwsxq Wy sG �' ;SAW Arl 2 2'd b:01 :WOdJ Tb:60 S002-92-add MAY-02-2005 08:37 FROM: TO:-4 P.2 L.ai` I `t r11p air�t kohr�117�acK 2"�r."X�l� fSxlfTl.vi► .tow�a li�+iE4 _ .,A�lra 6&0" 30 NWL GM.�l�lc� �=�► sret� Rao /' _ 11asell goo � �A�11M13 �Iq��q �Mlspi� Palu 2.1f lo,`x8' qH V-E•sa✓E Aa .Sehk'boo r-&-h7XAkoa✓ 7AjFs3cAE 71Xfi're 0 Lw ae� LE 74 ,V4721S� 3' 0&-oJ Jf- a c coc arxt.. A*40 lt'Z" Ofta J Aco ram. BUT'/6/ Naw7sc�i.✓ 9�lzr�Girt,Mc a 7109 7'yP/t,�c, G,eos s spa•✓ o F t''e p4sew ,a+o�r 8�..✓, Bwc�c�, �Ecrr, DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A)APPLICANT: William E. Krimmel, III County: Pasquotank County LOCATION OF PROJECT: Lot 161, Broomfield Trail,Newbegun Land Subdivision off SR 1131 DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 02/21/05 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES , :;,; CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES MAR 0 9 2005 FIELD REPRESENTATIVE: Frank A. Jennings, III DISTRICT OFFICE: Elizabeth City City DCM DISTRICT MANAGER REVIEW: Ted Sampson, 03/07/05 B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $400 '' PUBLIC NOTICE REC'D: 0 l0/05 � END OF NOTICE DATE: ADJ. REP. PROP NOTICES REC'D: VZ DEED REC'D: APPLICATION ASSIGNED TO: wo G„ p2 ON: 3/iy/vs C) 75 DAY DEADLINE: pj'��d7lOJ 150 DAY DEADLINE: 0712/ (05 MAIL 01JT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED yM NO Coastal Management-Regional Representative s o � Coastal Management- LUP Consistency C/o Division of Community Assistance Land Quality Section 10 Division of Water Quality UG-L3 aO � CJ� Storm Water Management(DWQ) Nm 11UJIj State Property Office (-0� Division of Archives&History Division of Environmental Health Division of Highways ( j (f Wildlife Resources Commission sJI 0 ` , W ,t P �w r JNt- nNV Division. of Water Resources Division of Marine Fisheries 2 K 105' Submerged Lands (DMF) Permit # r73- 05 DCNI Coordinator: W&VV MAILING DISTRIBiUTION: Permitee: Agent: DCMWon Wilmington US Arm ps ngineers(USACE): Washington: Mike Bell(NCDOT) Bill Bi come DOT) aleigh Bland i Dave Timpy(NCDOT) Henry Wicker Oth rs• Cultural Resources: R]eeGdhill-Earl Environmental Health: To/ Marine Fisheries: Me�NCDOT: KeShellfish Sanitation: Ple /State Property Office: Jndersdcr'Water Quality: Coly(for non-DO John Hennessy CDOT) (Water Resources: o ut er an Wildlife Resources: Maria Tripp ennett ynne David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CANIA Major Permit Process Manual Page 70 of 70 F N ATF Michael F.Easley,Governor Oy - 9 `0 G William G.Ross Jr.,Secretary Cq ' North Carolina Department of Environment and Natural Resources > 'a —I Alan W.Klimek,P.E.Director Division of Water Quality May 18, 2005 Cj Mr.William E. Krimmel, III 904 Enfield Court 0 2 p Elizabeth City, NC 27909 1�ipa q,, 01- Subject: CAMA/Stormwater Review SW7050313 Bulkhead and Dock Project Pasquotank County /1 Dear Mr. Krimmel: The Washington Regional Office received a copy of your CAMA application for a proposed bulkhead and dock project at lot 161 Broomfield Trail in Pasquotank County on March 10, 2005. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 21-1.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact me at (252) 948-3923. Sincerely, /� Rog r K. Thorpe Environmental Engineer / Washington Regional Office cc /Doug Huggett, DCM Washington Regional Office Central Files No e hCar, Natur, North Carolina Division of Water Quality Washington Regional Office Phone(252)946-6481 FAX(252)946-9215 Customer Service Internet h2o.encstate.nc.us 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Q�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 9, 2005 Mr. William E. Krimmel 904 Enfield Court Elizabeth City, NC 27909 Dear Mr. Krimmel: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to excavate a boat basin and ditch and fill an old ditch in Section 404 Wetlands and construct a bulkhead with backfill and a boat dock in Pasquotank County adjacent to a manmade tributary of Newbegun Creek within the Newbegun Land S/D off SR 1131 at Lot # 161 Broomfield Trail, Elizabeth City, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make July 21, 2005 the new deadline for reaching a decision on your request. However, we expect to take action prior 4o that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, Doug Huggett Major Permits & Consistency Coordinator cc: DCM, Morehead City DCM, Elizabeth City 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net Boat Basin Subject: Boat Basin From: "Krimmel, William" <WKrimmel@arsc.uscg.mil> Date: Mon, 2 May 2005 08:36:29 -0400 To: rich.weaver@ncmail.net Good Morning Rich, As per our phone conversation, by moving the boat basin to the left there will be no requirement to back fill around the basin, the existing ground is high enough to facilitate the area around the basin for a 4 ft. wide deck. To place the dead man sticks and the rods I will only need to dig a trench wide enough to place them. If you have any further questions please feel . free to contact me. Thank You, William E Krimmel III <<. . .OLE_Obj . . .>> HH-60J Engineering H60 Projects Cell Hanger 79 Aircraft Repair & Supply Center Phone: (252) 384-7136 Fax: (252) 335-6047 Cell: (252) 339-7883 1 of 1 5/2/05 8:41 AM �; NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary MEMORANDUM fsft To: Doug Huggett From: Sara Winslow CC MAY 0 2 2005 Through: Mike Street Date: 29 April 2005 Subject: Kritninel wit application,Pasquotank Co. Morehead City DCM The following comments are provided under authority of North Carolina General Statute 113- 131. The North Carolina Division of Marine Fisheries in a memo dated March 14, 2005 recommended denial on Mr. Krimmel's proposed project due to loss and impacts to 3,040 sq ft of wetlands. The Division felt significant and adverse impacts would result from the project as proposed. On April 25, 2005, I met with Mr. Krimmel on site to discuss his project proposal. Mr. Krimmel is eliminating the portion of the project that would impact the ditch and the wetlands on the north side of his property. The revised drawing he submitted on April 26, 2005 shows the proposed boat basin (40 ft long x 30 ft wide x 4 ft deep) repositioned so it does not impact the ditch and connects directly to the creek. According to the drawings submitted with the application the area the basin is proposed is in 404 wetlands. The area where the basin is proposed is 2 to 2 '/2 feet above the NWL of the creek and ditch as observed during my onsite visit. The Division removes its objection to this project provided the basin is constructed at the "new location" as submitted on the revised drawing, the basin depth does not exceed the connecting water depth of the creek, and the high ground basin is excavated prior to the "plug" being removed that will connect it to the creek. During removal of the "plug," a turbidity curtain should be placed around the work area to ensure sedimentation and turbidity levels do not increase in the adjacent waters. 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 NoorthCarolina Phone: 252 726-7021 1 FAX: 252 726-02541 Internet:www.ncdmf.net Naturally An Equal opportunity/Affirmative Action Employer—50%Recycled 110%post Consumer Paper Ay RCDENR MAy p 6 2005 North Carolina Department of Environment and Natural esources M Division of Coastal Management p Ahead City CC Michael F. Easley, Governor Charles S. Jones, Director Wh G. Ross Jr., Secretary MEMORANDUM �+ i» TO: Doug Huggett, Major Permits Coordinator MAY U 0 - LUUS THROUGH: Ted Sampson, District Manager Wreheaci City C)CM FROM: Frank A. Jennings, III, Field Representative !} ' DATE: April 28, 2005 SUBJECT: William E. Krimmel, III, Major Permit Application Recommendations The applicant proposes to excavate a boat basin and construct a bulkhead with backfill and a boat dock. The proposal has been revised to delete a proposed ditch relocation and to move the boat basin to the adjacent upland area. The project site is located at Lot 161, Broomfield Trail, Newbegun Land Subdivision off SR 1131, Pasquotank County and on a man-made tributary of Newbegun Creek. The revised plan will delete 1,040 square feet of ditch excavation in 404 wetlands, 800 square feet of ditch filling in 404 wetlands and 300 square feet of ditch filling in uplands. Boat basins are mentioned in 07H.0208(b)(1)(E)(F)(J) and the proposal appears consistent with those provisions. The proposed bulkhead and dock around the basin are consistent with 07H.0208(6) and (7). It is recommended that the revised proposal be authorized with the following conditions: 1. Excavation will not exceed 4 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 2. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 3. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 4. No spoil material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight William E. Krimmel, III Major Permit Application Recommendations April 28, 2005 Page 2 5. The bulkhead alignment will approximate the normal water level of the authorized basin at the time of construction. 6. The alignment of the authorized bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 7. The bulkhead must be constructed prior to any backfilling activities. 8. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 9. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 10.The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 11.All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 12. No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. FAJ/ybc a DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 IN REPLY REFER TO Washington,North Carolina 27889-100RICC Qarr April 28, 2005 b Regulatory Division MAY 0 2 2005 Action ID No. 200510620 Morehead City DCM 1� 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 revised application of William Krimmel for a Department of the Army permit to excavate a boat basin within wetlands and construct a bulkhead, on property located off State Road 1131, in the Newbegun Land Subdivision, adjacent to a man-made tributary of Newbegun Creek, in Pasquotank 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. -2- 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. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels,lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at(919)733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 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 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. 8. 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). -3- 9. 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. Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division, telephone(252) 975-1616, extension 23. Sincerely, WqV Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 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. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 -4- Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 W ATFRQG Michael F.Easley,Governor William G.Ross Jr.,Secretary co North Carolina Department of Environment and Natural Resources (} -C Alan W.Klimek,P.E.Director Division of Water Quality April 12, 2005 DWQ Project#05-0461 Pasqu9tank County William E.Krimmel, III 904 Enfield Court Elizabeth City,NC, 27909 Subject Property: Lot 161,Broomfield Trail,Newbegun Land Subdivision Newbegun Creek Approval of 401 Water Quality Certification (GC3490)with Additional Conditions Dear Mr.Krimmel: You have our approval, in accordance with the attached conditions,to dredge,place fill material within or otherwise impact by shading 0.07 acres of waters and/or wetlands to excavate a boat basin and ditch and fill an old ditch to construct a bulkhead and boat dock as described in your application received by the Division of Water Quality(DWQ)Wetlands/401 Unit on March`14, 2005. After reviewing your application, we have determined that the Division of Water Quality(DWQ) General Water Quality Certification Number 3490 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers(USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including(but not limited to)erosion and sediment control regulations and CAMA. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 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 Plan Location or Reference (Units) 404/CAMA Wetlands 0.07 acres DCIM Field Investigation Report One Nguh,Carna 401 Wetlands Certification Unit tl>!Cllflf 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper William Krimmel III ' Page 2 of 2 April 12,2005 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification(GC)3490. 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. 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 Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. Sincerely, 67 Alan W.Klimek,P.E. AWK/cbk Enclosures: GC 3490 Certification of Completion cc: Doug Huggett,DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 050461 Krimmel(Pasquotank)401 ALA ® North Carolina Wildlife Resources Commission 9 Richard B. Hamilton, Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp,Northeast Coastal Region Coordinator jr Habitat Conservation Section DATE: March 28, 2005 SUBJECT: CAMA Dredge/Fill Permit Application for William E. Krimmel, III,Pasquotank County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located in the southeastern section of Newbegun Landing Subdivision,on Lot 161 off SR 1131 in Pasquotank County. Our comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. I I3A-100 through I I3A-128),as amended, and the Fish and Wildlife Coordination Act(48 Stat. 401,as amended; 16 U.S.C. 661 et seq.). The applicant proposes to excavate a boat basin and ditch within US Army Corps of Engineers (USACE)jurisdictional wetlands,fill an existing ditch,and construct a boat dock and bulkhead with backfill in wetlands. The 40'x 30'basin will be excavated to-4'depths and located in the wetland area where the existing ditch connects to an unnamed tributary of Newbegun Creek. The reported connecting water depth to the tributary from mouth of the existing ditch is-4.6'. A 110' bulkhead with 10' of backfill within wetlands will be constructed along the basin.The proposed ditch realignment to reduce sediment accumulation within the new basin will be excavated along the property line,crossing wetlands to obtain a direct route to the tributary.The Environmental Management Commission has classified Newbegun Creek as SC waters and nearby Pailin Creek as C SW. The Commission is concerned with the potential impacts this project may have on aquatic resources.Newbegun and Pailin Creeks, as well as this unnamed tributary,provide habitat for a variety of freshwater and anadramous fish species. Largemouth bass(Micropterus salmoides),bluegill sunfish (Lepomis macrochirus),black crappie(Pomoxis nogromaculatus), river herring(Alosa sp.)and several other freshwater fish resources in tributaries of Albemarle Sound utilize these areas and are currently depressed as a result of both chronic and recent catastrophic declines in water quality. Wetlands provide pollutant control functions that when lost can negatively affect these resources and water quality. The proposed wetland excavation and fill, although individually minor in scope, is a concern because of Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext. 281 0 Fax: (919)715-7643 CMDF Krimmel Page 2 March 28,2005 extensive development and corresponding sources of nutrients,chemicals, and other pollutants in the region.We believe the information provided in the application is insufficient to allow a complete review of the project and its impacts.We request the project be placed on hold until the followl# g concerns are addressed: • The application states connecting water depths at the mouth of the exiting ditch are-4.6'. This is the only provided depth sounding for the tributary and may not adequately represent overall water depths.We request further depth soundings be provided to insure r the proposed depth of the boat basin will not be deeper than the tributary depths and that the reported-4.6' depth is not a scour hole at the mouth of the exiting ditch. • The application did not indicate that the project had been reviewed by either the USACE or Division of Water Quality to assess if a permit is needed for the proposed wetland fill and excavation. These agencies should be consulted and a determination made on whether additional permits are necessary. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information,please contact me at(252)948-3916. cc: Bland, R.-US Army Corps of Engineers Steffens,T. -NC Division of Water Quality 904 Enfield Court Elizabeth City,NC. 27909 March 24, 2005 In reply to: Action ID No. 200510620 letter dated March 14, 2005. Raleigh W. Bland Washington Regulatory Field Office P.O. Box 1000 Washington,North Carolina 27889-1000 Mr. Raleigh W. Bland, After careful consideration of the lay of the land and vigilant planning I have arrived at the least environmentally damaging and practicable plan for the boat basin and rerouting of the drainage ditch. The placement of the boat basin will have the least impact on the wetlands due to the contour of the drainage ditch and the size of the excavated area that already exists where the ditch ties in to the no name tributary. This option will have the least impact to surrounding trees and amount of material that will have to be excavated for the boat basin. I will not be able to put a pier or bulkhead with dock in the no name tributary due to the current width (approximately 35 feet wide)of the no name tributary. If a bulkhead and a dock along with a boat are placed in the no name tributary it will not allow for safe navigation. This option would also require numerous trees to be removed along with the excavation of more material. I will be taking all precautions necessary to prevent any adverse impacts to the wetland areas and minimize wetland losses. I will be using Parks Land development company,they are licensed and insured and have done numerous jobs such as this in the past. We will be using silt fences and any other precautions that are necessary to avoid any adverse impacts. The local CAMA field rep visited the site to help me determine the best approach for this project that would be the least environmentally damaging and minimize wetland losses. I was also informed that the only time this area is wet is during situations when the wind is strong enough and blowing in the right direction to force water up in to this low lying area. This area does not support any aquatic vegetation or wild life. If you have any further questions feel free to contact me. Respect _ y, William E rimmel III Enclosure(1) Ake NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary MEMORANDUM TO: Doug Huggett, DCM Major Permit Coordinator FROM: Charlan Owens, AICP, NE DCM District Planner Through: Ted Sampson, NE DCM District Manager SUBJECT: Major Permit Request by William Krimmel, III to excavate a 40 foot long, 30 foot wide, and -4 foot deep boat basin and a 130 foot long, 8 foot wide, -1 foot deep ditch, realign and fill an existing ditch, construct 110 linear feet of bulkhead, and install a 4 foot wide wooden land side dock around the basin, adjacent to a tributary of Newbegun Creek on Lot 161 Broomfield Trail within the Newbegun Landing Subdivision, located on the north side of SR1131 at the end of Small Drive in Pasquotank County. DATE: March 22, 2005 Consistency Determination: The request is consistent with/not in conflict with the Pasquotank County 1998 Land Use Plan certified by the CRC on May 24, 1996. Overview: The development site is a 1.35 acre lot within the residential subdivision of Newbegun Landing located off an unnamed tributary of Newbegun Creek. The property is mostly flat and open and site work has begun for a single-family residence. A 40 foot wide Section 404 wetland is located along the 170 foot shoreline at the west property line. An existing drainage ditch, 4 to 8 foot wide and 1 to 2 foot deep, used to drain the subdivision roadway, is located along the north property line and connects to the tributary. A 40 foot long, 30 foot wide, and —4 foot deep boat basin is proposed within the wetland area where the existing drainage ditch connects to the tributary. Approximately 110 linear feet of bulkhead will be installed around the basin perimeter and backfill will be located behind the bulkhead wall for approximately 10 feet. A 4 foot wide wooden land side dock is to be constructed adjacent to the bulkhead. The existing ditch will be realigned with a direct route to the tributary to prevent the proposed basin from having sediment buildup associated with the existing ditch. The tributary is a canal or large ditch approximately 30 feet to 40 feet wide with water depths of approximately —4 below NWL (Normal Water Level). The tributary is used to drain adjacent property that includes a blimp runway, several blimp docks, and an adjacent subdivision. The waters of Newbegun Creek are designated as Class SC waters and the waters of nearby Pailin Creek are classified as C SW . The area is closed to shellfish taking. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 2 of 2 Anticipated Impacts resulting from this project are expected to include: the dredging of approximately 1,800 sq. ft. of Estuarine Shoreline AEC including Section 404 wetlands, and 440 square feet of additional Section 404 wetlands; the filling of approximately 800 sq. ft. of Estuarine Shoreline AEC including Section 404 wetlands and 300 square feet of Estuarine Shoreline AEC/Uplands; and the shading of 320 sq. ft. of Estuarine Shoreline AEC including Section 404 wetlands and 120 square feet of Estuarine Shoreline AEC/Uplands. Basis for Determination: The Pasquotank County Land Classification Map identifies the site area as "Limited Transitional'. Additional text discussion on page 39 recognizes that all areas within AECs also qualify for the "Conservation" classification. The following LUP policy may be applicable to this request: Conservation Policies: Page 28. "It is the policy of Pasquotank County government to comment concerning the overall interests of county residents on CAMA dredge and fill permits for projects which would be detrimental to rivers and wetlands lying within or adjacent to unincorporated portions of the County." cc: John Thayer, Manager, CAMA Local Planning and Access Programs 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 ' Washington,North Carolina 27889-1000 IN REPLY REFER TO March 14, 2005 Regulatory Division j Action ID No. 200510620 William E. Krimmel, III 904 Enfield Court Elizabeth City,North Carolina 27909 Dear Mr. Krimmel: On January 1, 2005,we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received March 9, 2005, for Department.of the Army(DA) authorization to excavate a boat basin within wetlands and relocate an existing ditch,on property located off State Road 1131, in the Newbegun Land Subdivision, adjacent to a man-made tributary of Newbegun Creek, in Pasquotank County,North Carolina,indicates it to be a candidate for Federal authorization under this general permit. Accordingly,the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. On February 6, 1990, the DA and the U.S. Environmental Protection Agency(EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging,practical alternative; second,taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: -2- a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging,practicable alternative. Please furnish information regarding any other alternatives,including upland alternatives,to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done,especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by May 13, 2005. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Your application,pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act,has been assigned Action ID No. 200510620 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616,extension 23. Sincerely, 9W Raleigh W.Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): 4 -3- Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment And Natural Resources 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. Ron Sechler National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street Atlanta, Georgia 30303 i -4- Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 -2- Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO March 14, 2005 Regulatory Division Action ID No. 200510620 Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Ms. Karoly: Please reference the application of William Krimmel for Department of the Army authorization and a State Water Quality Certification to excavate a boat basin within wetlands and relocate an existing ditch, on property located off State Road 1131, in the Newbegun Land Subdivision, adjacent to a man-made tributary of Newbegun Creek, in Pasquotank County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by May 13, 2005, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Branch, telephone (252) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager c NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G, Ross Jr., Secretary MEMORANDUM: TO: Doug Huggett, DCM Major Permits Processing Coordinator THROUGH: Mike Street, Chief Habitat Section FROM: Sara E. Winslow, Northern District Manag SUBJECT: William E. Krimmel, III Proposal DATE: March 14, 2005 The North Carolina Division of Marine Fisheries submits the following comments pursuant to General Statute 113-131. Newbegun Creek and its tributaries are documented spawning and nursery areas for blueback herring and alewife. White perch, yellow perch, spot, croaker, blue crabs and other commercially and recreationally important species also utilize the area as a nursery. The applicant proposes to excavate a 40 ft long, 30 ft wide and 4 ft deep boat basin in 404 wetlands. The boat basin area is proposed to be bulkheaded (110 ft) and backfilled. A 4 ft wide side dock is proposed on the landward side of the bulkhead and around the basin. The existing ditch would be filled and a new ditch 130 ft long, 8 ft wide and 1 ft deep would be dug in a re-alignment through existing wetlands. The current ditch would be filled. The project as proposed would result in the excavation of 1,200 sq ft of 404 wetlands located within the ES AEC and converted to 1,200 sq ft of Public Trust Area. The construction of the bulkhead and associated fill would result in approximately 800 sq ft of 404 wetlands being filled. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 NorthCaiolina Phone: 252 264-3911 1 FAX: 252 264-37231 Internet: vuww.ncdmf.net orthCar din i The re-alignment of the existing ditch would result in the excavation of approximately 1,040 sq ft of 404 wetlands to create the new ditch. The filling of the old ditch would result in 640 sq ft of 404 wetlands being filled. Wetlands are of great importance to fisheries resources providing food directly and indirectly and serving as nursery areas for many important species. Finally, wetlands perform important roles in modifying acute impacts of hydrologic events, moderating stormwater flows, trapping sediments and providing nutrients for incorporation into resident plants. In summary, the Division objects to this project as proposed due to the loss and/or impacts to 3,040 sq ft of wetlands. This agency feels that this project will have significant and adverse impacts on marine and estuarine resources. DEPARTMENT OF THE ARMY * WILMINGTON DISTRICT, CORPS OF ENGINEERS 1 Washington Regulatory Field Office P.O.Box 1000 IN REPLY REFER TO Washington,North Carolina 27889-1000 Zoos Regulatory Division Y Action ID: ZCV3`() 6'10 Applicant: ��I �• �r e (YR�1 Waterway: iw , (A'qPV County:�G Fork Type: �I yl BDv Mr. Ron Sechler Mr. Doug Huggett National Marine Fisheries Svc,NOAA Division of Coastal Management Pivers Island NC Department of Environment, Health Beaufort, NC 28516 and Natural Resources Hestron Plaza II, 151-B Highway 24 Mr. Pete Benjamin Morehead City,NC 28557 Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 • (� aYg Raleigh, North Carolina 27636-3726 Regional Office Division of Coast l Management Mr. Ronald J. Mikaluk, Chief NC Department of Environment,Health Wetlands Section—Region IV and Natural Resources Water Management Division LAX U.S. Environmental Protection Agency t, 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: Pursuant to Action ID No. 198000291, the LAMA-Corps General Permit/processing agreement, a State Field Investigation Report is enclosed. Y ur c mentsand/or recommendations would be appreciated on or before Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone(252)975-1616, extension 23. Sincerely, Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure Aria NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 7, 2005 (ViNk $ it Zl1UD' MEMORANDUM: Morehead City DCM TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William E. Krimmel, III Project Location: Lot 161, Broomfield Trail, Newbegun Land Sub., off SR 1131, Pasq. Co. Proposed Project: Excavation of boat basin & ditch, fill ditch, construct bulkhead & dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. -----This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 0��Z � DATE 9 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight "IVA Na NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary March 7, 2005 F,-- E C � MEMORANDUM: MAID - 9 TO: Joe Henderson NC Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William E. Krimmel,III Project Location: Lot 161, Broomfield Trail, Newbegun Land Sub., off SR 1131, Pasq. Co. Proposed Project: Excavation of boat basin & ditch, fill ditch, construct bulkhead & dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments SIGNED DATE 3�) 0 S 1367 U.S. 17 South, Elizabeth City,North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight { FqCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor rl6i 4j Jones, Director William G. Ross Jr.,Secretary March 7, 2005 `i MAR 2 1 2M L` MEMORANDUM: "'- ' ! ISH SANITATIom t TO: Patty Fowlert;h NC DENR - Div. Of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William E. Krimmel, III Project Location: Lot 161, Broomfield Trail, Newbegun Land Sub., off SR 1131, Pasq. Co. DCM�Q"'��f� Proposed Project: Excavation of boat basin & ditch, fill ditch, construct bulkhead & dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings 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 r / Lol P,0-t+y o w/Q ' DATE 3 - /S-05- 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight �WDENR MAR 10 -2005 North Carolina Department of Environment and Natural Resources;1 oFf3ERVAr,, Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary March 7, 2005 MEMORANDUM: 45 4 TO: Renee Gledhill-Early 3I�Ib5 NC Department of Cultural Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William E. Krimmel, III Project Location: Lot 161, Broomfield Trail, Newbegun Land Sub., off SR 1131, Pasq. Co. Proposed Project: Excavation of boat basin & ditch, fill ditch, construct bulkhead & dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South,Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight IL NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary March 7, 2005 MEMORANDUM: TO: Mr. Jim Simons, Director Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review .r. .....,..head City Applicant: William E. Krimmel, III Project Location: Lot 161, Broomfield Trail, Newbegun Land Sub., off SR 1131, Pasq. Co. Proposed Project: Excavation of boat basin & ditch, fill ditch, construct bulkhead & dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. l 7i;SIGNED DATE 3� --� 1367 U.S. 17 South, Elizabeth City,North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—30%Recycled by Fiber Weight �' NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 7, 2005 MEMORANDUM: TO: Charlan Owens, District Planner Mc)rehead � !'i Division of Coastal Management „, 1 FROM: Doug Huggett tW` Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William E. Krimmel, III Project Location: Lot 161, Broomfield Trail, Newbegun Land Sub., off SR 1131, Pasq. Co. Proposed Project: Excavation of boat basin & ditch, fill ditch, construct bulkhead & dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings 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. x s �G —�cTr --ti-Gr7 SIGNED DATE 3 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight NCDENR 71 North Carolina Department of Environment and Natural Resour.�, s ' ' ' Lf0s Division of Coastal Management _ Michael F. Easley, Governor Charll�e's"�m- es,ILlrec or William G lk)rl, Secretary i March 7, 2005 MAR 3 0 2005 - - � PTAL MEMORANDUM: cQ,�ELL'_,y A, .. � ,.�_Cr�r , „ TO: Ken Pace d I.4 2005 NC DOT, State Construction/Materials Branch FROM: Doug Huggett `' • �„r Major Permits Processing Coordinator �w, ,�on Sew SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William E. Krimmel, III Project Location: Lot 161, Broomfield Trail,Newbegun Land Sub., off SR 1131, Pasq. Co. Proposed Project: Excavation of boat basin & ditch, fill ditch, construct bulkhead & dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings 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. Af6 IS "k Q 5Ikk Mairk uheel vmz&- 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 S:lJ 1367 U.S. 17 South,Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight 4 . NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 7, 2005 MEMORANDUM: co rn TO: Maria Tripp NC Wildlife Resources Commission Z� , z * . FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William E. Krimmel, III Project Location: Lot 161, Broomfield Trail, Newbegun Land Sub., off SR 1131, Pasq. Co. Proposed Project: Excavation of boat basin & ditch, fill ditch, construct bulkhead & dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings 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. —TV,.s cg�t• rejuAr+S +1%1 prv�yc-t Wn YTr..sanS off 3 C.h�Oad 1 n -t'E►A a'�"Ge(�so� lJo~rmr.w�. SIGNED DATE 3�2a�t,�o5 1367 U.S. 17 South, Elizabeth City,North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight I._ YUMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 7, 2005 MEMORANDUM: D TO: Mr. Preston P. Pate, Jr., Director 1 6 Division of Marine Fisheries D 4FH BITAT FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William E. Krimmel, III Project Location: Lot 161, Broomfield Trail, Newbegun Land Sub., off SR 1131, Pasq. Co. Proposed Project: Excavation of boat basin & ditch, fill ditch, construct bulkhead & dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIG 0x -,L DATE / 01_� 1367 U.S. 17 South, Elizabeth City,North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—30%Recycled by Fiber Weight LLram DCM% DWQ% Development Type FEE 143001601 435100093 1625 6253 24300 1602 4351 D0095 2341 I. Private,non-commercial development that does not involve S250 100%(S250) 0%(SO) the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or S400 100%(S400) 0%(SO) 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). For Private,non-commercial development,If General water Quality S250 100%(5250) 0%($0) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development,if General water Quality $400 100%(S400) 0%($0) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No.3301 (see attached) could be applied,but DCM staff determined that additional review and S400 60%(S240) 40%(S160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: 111(D). If General Water Quality Certification No.3301 (see attached) S400 60%(S240) 40%(S160) l \ can not be applied: -- -� IV. For development that involves the filling and/or excavation of more 5475 60%(5285) 40%(5190) than one acre of wetlands and/or open water areas: `tl'v Y v MAR 0 9 2005 Morehead C,-�, ELISE J. KRIMMEL NCDL 201152379 2288 WILLIAM E. KRIMMEL PH.252330-4037 904 ENFIELD CT.WK PH 252-338-419V - ELI7ABETH CITY,NC 2790� C ss-noa253t Date Pay to thes Orderof '- �i '}'c� C �,1 A b1 Gllac( 11<</I Dollars 8 �^ StateE ees'-.Credit Union apt cum- cwnt�,.�- `23 or ° c Y.t M' 1: 253 L770491:08 P. 288 7 4 3 6 711' 2 288 . Willlax 8 Krianar!III se-8192� 4466 Slim nr�& % MY # Kri(252) 330-4037 � s �� � ��-20 ' 904 Eiffield Bourt Elizabeth city 'Alq, ;279 > � O.o NPAY Gt�Etic� I $ s o R to the ORDER of. ` Y� �k1 a.dE . li•�.t:�d� ?5A ft,v'` j, LLARS �"� ' za•wr fl. GUARDIAN FEDERAL CREDIT UNION Portsmouth,VA 23705 Norfolk,VA ?3510 t Elizabeth City,VA 27909 NP FOR !"c,\°.rf�� ►" <{�� l '' - _ -- — -- 1: 25148L928I: 000 2 3 58 3 7 2 I'm 44 6 ti R NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary FAX MEMORANDUM TO: The Daily Advance Elizabeth City, NC FROM: Yvonne Carve Administrative Assistant DATE: March 7, 2005 SUBJECT: Public Notice —William E. Krimmel, III Please publish the attached Notice in the Thursday, March 10, 2005 issue of The Daily Advance. 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 Jaye Poole, NC DivisK;V of Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638. Thank you for your assistance in this matter. If you should have any questions, pleas(: contact me at our Elizabeth City office. Attachment cc: L/Doug Huggett, Major Permits Coordinator, DCM File MAR 0 *3 Z005 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 '-iead Oty L)CM Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on February 21, 2005. According to said application, William E. Krimmel, III proposes to excavate a boat basin and ditch, fill, and construct a bulkhead and dock at Lot 161, Broomfield Trail in Newbegun Land Subdivision in Pasquotank County. A copy of the entire application may be examined or copied at the office of Frank Jennings, Field Representative 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 Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, prior to March 30, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Thursday, March 10, 2005 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 7, 2005 Mr. William E. Krimmel, III 904 Enfield Court Elizabeth City, NC 27909 Dear Mr. Krimmel: The Division of Coastal Management hereby acknowledges receipt of the application submitted for State approval for development of property located at Lot 161 , Broomfield Trail, in Pasquotank County. It was received complete on February 21, 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 7, 2005. When such time is necessary to complete the review, an additional 75-day review period is provided by law. 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 the date received, you may request a meeting with the Director of Division of Coastal Management (DCM) 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 your 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 your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. MAR 0 9 2005 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Morehead City DC1\4 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight Mr. William E. Krimmel, III March 7, 2005 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 my field report and/or comments from reviewing agencies. Sincerely, rank A. Jennings, III Coastal Management Representative FAJ/ybc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Raleigh, NC Ted Sampson, District Manager, DCM, Elizabeth City, NC /No i �---� 1 (0$ j N J, O -:I:, s S. AMA R M I lr�_ APPL11= FOR PROJECT: CXc '1 '' rt iE /,l 2 � �X ' � "K - f� 3aA7- /nl c\,f: i L/7 N D r4 K C,q W A '14 F �x r 7-I n/ G Q )4 i ni �4 6 6- p i ci t c o nl AJ e c T.5 -T-a i'R f 3 TA oe y • T N f T p // -­�, / B e- k-N e-4 nJ -D K/ E /n-r e TE.e P L r{ c c <{ c G( oz--/ a E,�{ i N-2 B ca K H E/4 Q c.,) /`l L ` A P P R a x rYlq %f L Y / y C a nl s iK ma c ► I/ Z, G� COMMENTS ACCEPTED THROUGH _ M s APPLICANT- FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: a R. wit I .x S F, t �d e ti- I, 4 e;f AJ � "3 Gr ? U S / 7 s � -}-�. �S � - 2 �I, o C ,! o SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. =Reived by(Print N C. Date of Delivery ■ Attach this card to the back of the mail iece, or on the front if space permits. p ^2 D.Is delivery address different from item 17 U Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No R, �.O. 30)< 69 3. ice Type ECertifiied Mail ❑Express Mail 6 L/Z A43,6:" C/ d L ❑Registered ❑Return Receipt for Merchandise 7p� ❑Insured Mail ❑C.O.D. 77 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2510 0005 9554 6465 (transfer from service labeq PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 . R NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 130.00 Parcel Identifier No.894104623743� Verified by __-_ _- --__- County on the day of ,20_ By: Mail/Box to: G Elvin Small, III,Attorney at Law,410E Main Street,Suite 201 Elizabeth City NC 27909 This instrument was preps by. G. Elvin Small III,Attorney at Law,410 E. Main Street, Suite 201,Elizabeth City,N Brief description for the Index: LT 161, SEC G, NEWBEGUN LAND THIS DEED made this 13th day of January ,20 05 by and between -- GRANTOR GRANTEE WILLIAM E. KRIMMEL, III and wife, Newbegun Land General Partnership ELISE J.KRIMMEL A North Carolina General Partner 904 Enfield Ct. P.O.Box 69 Elizabeth City,NC 27909 Elizabeth City,NC 27907 The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular,plural,masculine,feminine or neuter as required by content. WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in the City of Nixonton Township, Pasquotank County,North Carolina and more particularly described as follows: BEING Lot No. 161, Section G,as shown and delineated on that certain map or plat entitled"Newbegun Land, Section G",by Edward T.Hyman,Jr.,Registered Surveyor,dated October 31, 1997,and recorded in Map Book 23,Pages 7& 8,in the Office of the Register of Deeds of Pasquotank County. The property hereinabove described was acquired by Grantor by instrtawnt recorded in Book 415 page 45U A map showing the above described property is recorded in Plat Boole 23 page 8 NC Bar Association'Form No.L-3 C 1976,Revised© 1977,2002 Printed by Agreement with the NC Bar Association— 1981 SoftPro Corporation,333 E. Six Forks Rd.,Raleigh,NC 27609 MAR 0 9 2005 Morehead City DCM TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantcc in fee side. And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever,other than the following exceptions: Restrictive covenants and other terms and provisions contained and set forth in Declaration recorded in Book 625,Page 984,Pasquotank County Public Registry: IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written. Newbegun Land General Partnership,A North (SBAL) (Entity Name) By: -\a (SEAL) e: ral Partner - y R. i By: / t, %°� (SEAL) , Ti :General Partner - G. Elvin mall, III By: —— (SEAL) Title: State of North Carolina-County of y the undersigned Notary Public of the County and State aforesaid,certify that personally appeared before me this day and- acknowledged the dine execution of the foregoing instrurrscnt for the purposes therein expressed Witness my hand anal Notarial stamps or seal this 'day of _ ,20_. My Commission Expires: Notary Pubic State of North Carolina-County of Pasguotank Jeffrey R. Small & L the undersigned Notary Public of the Cour ty and State aforesaid,certify that_ G. Elvin Small, I I I before me this day and acknowledged thattiee General Partners of T be un Land General Partnershi A North Carolina General Partnership WV6MURIUM ,w"," ' rl a .Et3g �€i3'aT ,arttl au y l7 iYen and as the act of such entity,t hAisigacd the.foregoing insb uncut in its name on its behalf as its act and „ec 'i^sss ni and Notarial stamp or seal,this 14th day of January—,20 05 G . •E1 August 4,2007 ' i'� 1 N Bonita J.Tettiple Sim>o .Ns,�' lirsa-County of I, �x�ersigu�d Notary P�tlslic of the County and State aforesaid,certify that Witness my hand and Notarial stamp or seal,this day of ,20_. My Commission Expires: Notary Public The foregoing Certifimte(s)of is/are certified to be correct_ This irwrumeut and this certificate are duly registered at the date and tiuxe aril in the Book and Page shown on the first page hereof. Register of Deeds for County By: Deputy/Assistant-Register of Daads NC Bar Association Form No. L-3 © 1976,Revised© 1977,2002 Printed by Agreement with the NC Bar Association- 1981 SoftPro Corporation, 333 E. Six Forks Rd.,Raleigh,NC 27609