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HomeMy WebLinkAbout14-05 Wessell, Richard ,P Permit Class Permit Number NEW 14-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission eL mit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Dr. Richard Wessell, 602 Small Drive,Elizabeth City,NC 27909 Authorizing development in Pasquotank County at Pasquotank River, 602 Small Drive, Newbegun Land Subdivision , as requested in the permittee's application dated 07/28/04. including the attached workplan drawings (4), dated 07/28/04 This permit, issued on January 25, 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. Shoreline Stabilization 1) The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. 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. 2) The bulkhead shall be constructed in a straight alignment between the two (2) adjacent bulkheads. 3) The bulkhead shall be constructed prior to any backfilling activities. (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 must be accessible on-site to Department v personnel when the project is inspected for compliance. r` � C es S. Jones, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must 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 Dr. Richard Wessell Permit#14-05 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead shall be constructed prior to any backfilling activities. 5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 7) The fill material shall be clean and free of any pollutants except in trace quantities. 8) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 9) No backfill material shall be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead. 10) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Erosion and Sedimentation Control 11) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands,watercourses and property(e.g. silt fence, diversion swales or berms, etc.) 12) A ground cover sufficient to restrain erosion shall be provided within thirty calendar days of project completion. 13) The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant; General 14) All debris and backfill material resulting from the removal of the existing, deteriorated bulkhead shall be placed in an approved high ground disposal area. 15) No vegetated wetlands shall be excavated or filled. 16) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 17) No fill material shall be placed at anytime in any open water areas outside of the alignment of the fill area indicated on the workplan drawings. f i Dr. Richard Wessell Permit#14-05 Page 3 of 3 ADDITIONAL CONDITIONS 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 high water level. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 041673. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510066. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit No. 3 which was issued on 10/19/04. 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 January 31,2005 Dr. Richard Wessell 602 Small Drive Elizabeth City,NC 27909 Dear Dr. Wessell: 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, R";& V. H 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 1. APPLICANT'S NAME: Dr. Richard Wessell 2. LOCATION OF PROJECT SITE: Lot#95, 602 Small Drive, Newbegun Land Subdivision, Pasquotank County and adjacent to the Pasquotank River. Photo Index - 2000: 237-1905 (J-14) 1995: 167-1707 (Q-13) 1989: 128-14 (H-20) 1984: 121-755 (D-6) State Plane Coordinates - X: 2847800 Y: 914950 Weeksville, NC GPS: E091414A UR 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/14/04 Was Applicant Present - No RECEIVED 5. PROCESSING PROCEDURE: Application Received Complete - 09/09/04 OCT 2 7 2004 Office - Elizabeth City DIV.OF COASTAL MANAGEMENT 6. SITE DESCRIPTION: RAMH (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 (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - Old bulkhead Planned - New bulkhead (G) Estimated Annual Rate of Erosion: 23 feet at damaged area Source - Applicant 7. HABITAT DESCRIPTION: [AREA] EXCAVATED FILLED GRADING (A) Public Trust Area, Estuarine Waters 1,080 sq. ft. (B) Estuarine Shoreline 320 sq. ft. 9,150 sq. ft. (C) Total Area Disturbed: 10,550 (.242 acres) (D) Primary Nursery Area: No (E) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to replace an existing bulkhead that was damaged by Hurricane Isabel. Dr. Richard Wessell FIELD INVESTIGATION REPORT Page 2 PROJECT SETTING The site of the development proposal is a 32,957 square feet vacant residential lot (#95) located at 602 Small Drive (private) off SR 1131 in Pasquotank County, and adjacent to the Pasquotank River. The property is mostly flat and vegetated with oak and indigenous grass. The property has an elevation of approximately 8 feet above Normal Water Level (NWL) and the soils are classified as Elkton silt loam. Man-made features on the lot consist of a bulkhead along the shoreline. The bulkhead failed during Hurricane Isabel, which left part of the shoreline exposed to erosion. A 45 feet long and 25 feet wide, at the widest dimension, area of the shoreline has been gouged by wave action. Approximately 16 feet of the bulkhead is missing, and 32 feet of the bulkhead has been undermined and is loose. Along the eastern side of the shoreline, the bulkhead has experienced tie back failure, and the structure is leaning towards the water. The bulkhead was constructed several years after the bulkhead construction on the adjacent property. The property had eroded 15 feet along the property line, and when the original bulkhead was built on the applicant's property, it was connected to the adjacent property owners return wall end, which represented the approximate NWL at the time. This created a trash trap along the shoreline. The adjacent property to the east and west consists of single-family dwellings, with both shorelines protected by a bulkhead. The waters of the Pasquotank River in this area are classified as SC and are closed to shellfish taking. DEVELOPMENT PROPOSAL In order to provide shoreline stabilization and prevent further erosion, the applicant proposes to construct 122 feet of vinyl bulkhead to start at the corner of the existing bulkhead on the adjacent property to the west and end at the corner of the existing bulkhead on the adjacent property to the east. The proposed bulkhead will have a straight alignment and will be in line with the adjacent bulkheads. This alignment will require two areas of fill and one area of excavation. The first area of fill is the eroded area behind the failed and missing bulkhead that was damaged by Hurricane Isabel. This area is approximately 45 feet long and 25 feet wide, at the widest dimension, and the water depth is approximately -2 feet at the proposed bulkhead alignment. The second area of fill is the area adjacent to the eastern property line and is approximately 24 feet long and 15 feet wide, at the widest dimension, with a water depth of approximately -2 feet at the proposed bulkhead alignment. The applicant indicates that approximately 60 cubic yards of backfill material will be placed below the NWL. This area has experienced tie back failure. The area of excavation is a point jutting out approximately 8 feet waterward of the proposed alignment and approximately 40 feet long. The applicant proposes to remove the existing bulkhead, excavate the bank down to the NWL, and back 8 feet for the new bulkhead alignment. The applicant proposes to use the excavated material as backfill. Approximately 50 cubic yards of material will be excavated. Dr. Richard Wessell FIELD INVESTIGATION REPORT Page 3 ANTICIPATED IMPACTS The development proposal will result in the following impacts: 1. the filling of approximately 900 square feet of Public Trust Area and Estuarine Waters Areas of Environmental Concern (AEC) created by the bulkhead failure and erosion of Estuarine Shoreline caused by Hurricane Isabel; 2. the excavation of approximately 320 square feet of Estuarine Shoreline AEC to create approximately 320 square feet of Public Trust Area and Estuarine Waters; and 3. the filling of approximately 180 square feet of Public Trust Area and Estuarine Waters AEC in the area adjacent to the east property line where the existing bulkhead is leaning. It is anticipated that after the work is complete on the bulkhead, that the property will require grading and seeding which will likely result in approximately 9,150 square feet of Estuarine Shoreline disturbance. Temporary water turbidity will occur during construction. The new bulkhead alignment should minimize the build up of trash and the structure will prevent shoreline erosion. The net result of impacts of this proposal compared to the pre-Isabel conditions are as follows: • 320 square feet of new shallow water habitat; • 900 square feet of recovered uplands lost due Isabel; and • 180 square feet of filled shallow water habitat that existed pre-Isabel. Submitted by: Frank A. Jennings, III Date: October 11, 2004 Form DCM-MP-1 �`' , irr RECEIVED OCT 2 7 2004 (To be completed by all applicants) ON.OF CONSTAL M#aKHT b. City, town, community or landmark New Begun Land Subdivision 1. APPLICANT c. Street address or secondary road number 602 small Drive Sk( 1131 _ a. Landowner: d. Is proposed work within city limits or planning Name Dr . Richard Wessell jurisdiction? yes XXX No Address 600 Small Drive e. Name of body of water nearest project (e.g..river, City Elizabeth City State N.C . creek, sound, bay) Pasquot.ank River Zip 27909 Day Phone 2521-330-4754 Fax n/a 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Edward E. weeks Jr. a. List all development activities you propose (e.g. building a home, motel,_marina, bulkhead, pier, and excavation and/or fillip acti 215 Bayshore Drive vities. Address Replace the ( failed , , existing woo en bulkhead , with a n7w City Elizabeth City State N.C . vinyl bulkhead . Zip 27909 Day Phone 2 5 2-3 3 0-4 0 4 4 b Is the proposed activity maintenance of an existing project, new work, or both? new -work Fax same c. Will the project be for public, private or commercial use? private / residential c. Project name (if any) nor.+e 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- pernct,.a11 be owed in name of landowKr(s),m,d/nr additional pages. 7 l)E, ;r:e w bulkhead will project name. prevent eros i or_ , anc s ra ig en the shoreline. A backhoe will e used for all excavation, an 2. LOCATION OF PROPOSED installation activities . The new bulkhead alignntE--r.t is PROJECT requested to prevent trash raps along E• E. .c,rc- 1ne. a. County Pasquotar.k 17 Form DCM-MP-1 _ 11 L �' 0' 2 CEl m. Describe existing wastewater treatment facilities. 4. LAND AND WATER non e CHARACTERISTICS a. Size of entire tract 32 , 957 s q. f t . n., Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) n/a wastewater, industrial/commercial effluent, "wash down" and residential discharges.) C. Approximate elevation of tract above MHW or surface runoff NWL 4-5 - d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. nsva Qpee cla and sand ('auNrY w;4T�� 5 YS7'�p+ /-(y�41U4$L� e. Vegetation on tract t r F e s , grass, a r.:6 v,eeds . f. Man-made features now on tract 1 V-4e40 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consulr the local Lad uu plan.) following items must be submitted: XXX Conservation Transitional Developed � A copy of the deed (with state application only) or Daveloped Community Other other instrument under which the applicant claims title Rural to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then residential 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. Yes Y zoning? Xx Nozoning caonrliancees aerr aou, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an S 1/20 by II" white paper. (Refer to done for the tract? Yes X X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original;drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes x X X 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 XX No Engines 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 (Anadh documemadon, la►ilabk) guide agency personnel unfamiliar with the area to the Form DCM-MP-1 -X site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION 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 adjacent waterfront (riparian) landowners and the application n Theproject wr11 be subject to conditions allow only the development in signed return receipts as proof that such owners application. l have received a copy of the application and plats and restrictions contained in the permit. 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 approved 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 D r . & Mrs . De n a uv o R c h i n s o n I certify that I am authorized to grant, and do in fact, Address 604 Small Drive grant permission to representatives of state and federal Phone Elizabeth City, N.C. 2 7 9 0 9 review agencies to enter on the aforementioned lands in 2—3 3 0—2 3 6 2 connection with evaluating information related to this Name Mr . & Mrs . Sperry Storm permit application and follow-up monitoring of the Address 514 Small Drive project. Phone Elizabeth City, N.C. 27909 2 5 2—3 3 0—2 519 I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone This is the 28th day of July MX 2004. • A Iist of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name Edward E. WeeRs Jr . permittee, and issuing dates. Signature none � jmtdawrur or Authorized agent • A check forYmade payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the XIL DCM NT 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. Form DCM-MP-2 EXCAVAr. TI AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major 1. EXCAVATION NONE Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below MHW or NWL in cubic yards NIA Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. b. Type of material to be excavated A..,/j4- Average Foal c. Does the area to be excavated include coastal Length Width E3astin Project Depth Depth wetlands (marsh), submerged aquatic vegetation Access channel (SAVs) or other wetlands? Yes No (Mtv )or(Nwt.) d. Highground excavation in cubic yards ti i4 Canal 2. DISPOSAL-OF EXCAVATED Boat MATERIAL, NONE basin a. Location of disposal area ti/ Boat ramp b. Dimensions of disposal area ti /r4 Rock - groin c. Do you claim title to disposal area. Yes No Rock - - If no, attach a letter granting permission from the breakwater = = owner. Other d. Will a disposal area be available for future (Excluding maintenance? Yes No shoreline If yes, where? stabilization) e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? iv/r9- - Yes No f. Does the disposal include any area in the water? Yes No iv/4 Forma DCM-MP-2 b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? 3. SHORELINE STABILIZATION Yes No If yes, (1) Dimensions of fill area a. Type of shoreline stabilization XXX Bulkhead Riprap (2) Purpose of fill b. Length 122 feet c. Average distance waterward of MHW or NWL 5. GENERAL 7 1 -8" d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site 201 --:31, and erosion controlled? Any all excavatE or fill material will be placed e. Shoreline erosion during pre ing l2 mo behind the new bulkhead immediate] '/�1 74 a-Aw..�T (Source of information) actual m a g m n f. Type of bulkheadxxxapanaterial vinyl b. What type of construction equipment will be used (for example, dragline, backhoe, or hvdraulic dredge)'? Backhoe, skid steer, & Amount of till in cubic yards to be placed below water et pump level (1) Riprap n/a c. Will wetlands be crossed in transporting equipment (2) Bulkhead backfill 60 cu. yd s. to project site? Yes XX_ No If yes, explain steps that will be taken to lessen h. Type of 1 materi I s nd environmental impacts. i. Source of fill material upland / local pit WesselEdward E. Week-R . 4r, for Dr. Appli 4. OTHER FILL ACTIVITIES NONE ` (Excluding Shoreline Stabilization) signat , Date a. 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HAMMER 51 -1) E, RD. y 4L am 14 zw T-16 6.4cor p,4G Erosion Escarpment 20'-311 2'-911 — > - < Existing Ground Elevation = 4' above NWL ^ . 6'-2" - Normal Water Level 12'-0" River Bottom Note: No excavation iS planned for this area Bnuc F-I 1 Wooden Bulkhead Wall Side View of Section ( Fropooed New Vinyl Bulkhead Wall Major CAMA Permit Application Cr000-Sectional view for: Drawing 2 off —.-� Dr. Richard Wcooell Scale 1" = 10' 000 Small Drive Lot #95 Date: 7/28/04 _ Drawn by E.W. �. New Begun Land -;m Elizabeth City, N.C. 27909 - Er Existing Ground Elevation - 4' above NWL aE Normal Water Level Note: Approximate area of excavation, 1) Lowest point of excavation to be at, or (liver Bottom above, the natural river bottom. 2) New Sheetpiling to be driven into a - minimum of 5'-0", of undisturbed Soil. Tile g�c� Existing Wooden Bulkhead Wall 3) Excavation to proceed,just ahead of (to be removed, after new B.H. installed) Sheetpiling installation, to minimize erosion. Proposed New Vinyl Bulkhead Wall Side View of Section Major CAMA Permit Application Gross-Sectional view for: Drawing 3 off a' Dr. Richard Wessell scale 1" = 10' P 000 Small Drive ►;' ,� ' ;? Lot #95 Date: 7/28/04 Drawn by E.W. New Begun Land , , Elizabeth City, N.C. 27909 "ors Minimum of 15' Capboard, 2" X 12" X 16' ACQ.25 Finished Grade 1'to 2' (+/-) WNW 0� Inner Wale, Outer Wale, 2" X 6" X 16' ACQ .25 4" X6" X16 - CCA2.5 4" X 6" X 16 CCA 2.5 Minimum 5/8" X 15' Galvanized Steel 5'- 4" (+/-) Tie-Back Rod Normal Water Level 4" X6" - CGA2.5 Series 4500 C-Loc 12' Vinyl oheetpiling River Bottom Major CAMA Permit Application Drawing 4 of 4 Proposed Bulkhead Configuration for: Scale 1/2" = 1' Dr. Richard Weooell Date: 7/25/04 000 Small Drive Drawn by: E.W. Lot#95 New Begun Land Elizabeth City, N.C. 27909 FA5QUOTANK RIVER 122'-0", (corner,to corner) 0 10' 20' 30' 40' 50' 60' 70' 30' 90' 100' 110, 120' Existing Bulkhead, Washed out", Existing Shoreline at, "Normal Water Level" and laying over into river B A s R V Proposed Bulkhead Alignment Existing Wooden Bulkhead — — Erosion Escarpment A ® Approximate area of Excavation I o Q Approximate area of fill I c rn - ' I 4 M 'roperty Corner of Existing Bulkhead, Corner of Existing Bulkhead, Property = o Line Dr. Richard Wessell, N TH Dr. Denauvo Robinson, Line rn ffi (lot#9(0-) (lot#94) elevation 4'-0", elevation 3'-6", above NWL above NWL Major CAMA Permit Application Drawing 1 of 4 - Proposed Bulkhead Plan View for: scale 1" = 15' DR. Richard Wessell Date: 7/2&/04 ' SEP - 9 2004 000 Small Drive Drawn by: E.W. COASTAL k4ANAGEMENT Lot #95 ELIZABETH CITY New Begun Land Elizabeth City, N.C. 27909' J u ly 28, 2004 i North Carolina Department of Enviornment, OCT 1 3 1G04 Health, and Natural Resources MoreheaC� '� 1367 U.5. 17 South y [)CM Elizabeth City, N.C. 27909 To whom it may concern, 1) I, Dr. Richard Wessell, affirm that I am the Owner, of the Subject tract of land, known as, lot #95, in New Begun Land subdivision, (see attached copy of the Deed). 2) I, Dr. Richard Wessell, as Owner, hereby grant authority to, Edward E. Weeks Jr., to act as my agent,for the express purpose of obtaining a major CAMA permit,for a bulkhead, across lot #95, in my behalf. No other authority is presumed, or granted. 3) There is no monetary compensation, for this agency. r. ' hard Wessell =' 4 • DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Dr. Richard Wessell County: Pasquotank LOCATION OF PROJECT: Lot#95, 602 Small Drive,Newbegun Land Subdivis' DATE APPLICATION RECEIVED COMPLETE BY FIELD REP. 09/09/04 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES AwOr 3 t004 L C. CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES eh6' '(j IV D FIELD REPRESENTATIVE: Frank A. Jennings, III DISTRICT OFFICE: Elizabeth City �+M DISTRICT MANAGER REVIEW: Ted Sampson, 10/11/04 B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $400 PUBLIC NOTICE REC'D: 10-14 - END OF NOTICE DATE: 11 -0 3- u V ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: Pub ET-r ON: C) 75 DAY DEADLINE: 11 23-6�1 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative Coastal Management- LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Ceti P Storm Water Management (DWQ) / py State Property Office Division of Archives &History i Division of Environmental Health Division of Highways 7 v Wildlife Resources Commission f Swy Division. of Water Resources Division of Marine Fisheries -71L,* Submerged Lands (DMF) . b 2'0S-/0C46 #'t ''w4 P�:�t 3 �o/IfloV Permit # �`l v S DCM Coordinator: MAILING DISTRIBUTION: / Pe=ti ee:' wee(ems Agent: Z/� /.�aystio�e DCM Field Offices: // �� �. Z ? c� c� Elizabeth City V Morehead City Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome pOT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) Henry Wicker Others: // Cultural Resources: Renee Gledhill-Early 4! Environmental Health: Tent'Piercer Marine Fisheries: Mike Street NCDOT: Ken Pace/ Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson Water Quality: Cyndi Karoly(for non-DOT) l/ John Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: Maria Tripp Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at gent at 7 fr 7 3 3 O 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) CAMA Major Permit Process Manual Page 70 of 70 A J 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, Major Permits Coordinator THROUGH: Ted Sampson, District Manager FROM: Frank Jennings, Field Representative 7L`7 DATE: November 24, 2004 SUBJECT: Dr. Richard Wessell, Major Permit Application Recommendations The applicant proposes to replace an existing bulkhead that was damaged by Hurricane Isabel. The project is located on a vacant residential lot at 602 Small Drive off SR 1131 in Pasquotank County and adjacent to the Pasquotank River. The proposal involves: 1. the filling of approximately 900 square feet of Public Trust Area and Estuarine Waters Areas of Environmental Concern (AEC) created by the bulkhead failure and erosion of Estuarine Shoreline caused by Hurricane Isabel; 2. the excavation of approximately 320 square feet of Estuarine Shoreline AEC to create approximately 320 square feet of Public Trust Area and Estuarine Waters; and 3. the filling of approximately 180 square feet of Public Trust Area and Estuarine Waters AEC in the area adjacent to the east property line where the existing bulkhead is leaning. The maximum distance waterward of the current normal water line for the proposed bulkhead is 25 feet. This area is located behind the previous bulkhead alignment that failed. The proposed bulkhead alignment will connect to the corners of the neighboring bulkheads and will have a straight alignment. The development proposal appears consistent with 07H.0208(b)(7) bulkheads and shoreline stabilization measures. It is recommended that the development proposal be authorized with the following conditions: 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 Doug Huggett, Major Permits Coordinator " Dr. Richard Wessell, Major Permit Application Recommendations November 24, 2004 Page 2 1. 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. 2. The bulkhead must be constructed prior to any backfilling activities. 3. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 4. 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. 5. 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. 6. All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 7. 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. 8. All fill material to be placed below normal water level will be confined behind the permitted bulkhead. FJ/yc cc: Raleigh Bland, USACOE NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr.,Secretary Alan W. Klimek, P.E.,Director November 1, 200 Dr.Richard Wessell N O V 0 3 2004 600 Small Drive Elizabeth City,NC 27909 �/� �, Subject: CAMA/Stdi� M A 90 Wessell Bulkhead Project Pasquotank County Dear Dr. Wessell: The Washington Regional Office received a copy of your CAMA application for a proposed bulkhead project located at 602 Small Drive in New Begun Land Subdivision on October 14, 2004. 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 214.1000. 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, o Roger K.Thorpe Environmental Engineer Washington Regional Office cc: Zoug Huggett,DCM Washington Regional Office Central Files Washington Regional Office One 943 Washington Square Mall,Washington,North Carolina 27889 NorthCarohna Phone: 252-946-6481 1 FAX 252-946-9215/Internet:h2o.enr.state.nc.us ;VahmallffAn Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper 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 P! I ED TO: Doug Huggett, DCM Major Permit Coordinator OCT 1 5 ZU04 FROM: Charlan Owens, AICP, NE DCM District Planner MOrehead Q Through: Ted Sampson, NE DCM District Manager ty DCM SUBJECT: Major Permit Request by Dr. Richard Wessell to replace an existing bulkhead by installing 122 linear feet of vinyl bulkhead along the Pasquotank River at the property on 602 Small Drive, off SR 1131, in Pasquotank County. DATE: October 13, 2004 Consistency Determination: The request is consistent with/not in conflict with the Pasquotank County 1996 Land Use Plan certified by the CRC on May 24, 1996. Overview: The development site is a .76 acre vacant lot within the Newbegun Land subdivision. The property is mostly flat and vegetated with oak and indigenous grass. The property has an elevation of approximately eight feet above Normal Water Level (NWL). An existing bulkhead is located along the property line adjacent to the Pasquotank River. The existing bulkhead failed during Hurricane Isabel, which left part of the shoreline exposed to erosion. A 45 foot long and 25 foot wide (at the widest dimension) area of shoreline has been gouged by wave action. Approximately 16 feet of bulkhead is missing and 32 feet of the remaining bulkhead has been undermined and is loose. The applicant proposed to install 122 linear feet of vinyl bulkhead in a straight alignment, attaching to existing bulkheads on adjacent properties to the east and west. This alignment will require two areas of fill and one area of excavation. The waters of the Pasquotank River in this area are designated as Class SC waters and are currently closed to shellfish taking. The water depth is approximately —2 feet at the proposed bulkhead alignment. Anticipated Impacts resulting from this project are expected to include: the excavation of approximately 320 sq. ft. of Estuarine Shoreline Area of Environmental Concern (AEC) to create Public Trust Area and Estuarine Waters; the filling of approximately 1,080 sq. ft. of Public Trust Area and Estuarine Waters AEC, (900 sq. ft. due to bulkhead failure and erosion caused by Hurricane Isabel and 180 sq. ft. in area where existing bulkhead is leaning); and the grading of approximately 9,150 sq. ft. of Estuarine Shoreline. 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 The new bulkhead alignment should minimize the build up of trash and the structure will prevent shoreline erosion. 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 Idea O C T 15 2004 Morehead City DCM 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 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 October 11, 2004 MEMORANDUM: O C T 2 0 2004 TO: Mr. Jim Simons, DirectolWorehead Cit Division of Land Resources �Z I FROM: Doug Huggett 1JO Major Permits Processing Coordinator �� 0 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dr. Richard Wessell Project Location: Lot#95, 602 Small Drive,Newbegun Land Subdivision Proposed Project: Replace existing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 1, 2004, to Hestron Plaza II, 151-13 Hwy 24, 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. SIGNEDZ41 DATE 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 11/15/2004 20:45 FAX 1?102 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 October 11, 2004 11 MEMORANDUM: TO: Maria Tripp `- NC Wildlife Resources C.onunissioil FROM: Doug Iluggeu Major Permits Processing Coordinator SUBJECT: CAMA/DRL`DGL & FILL Permit Application Review Applicant: Dr. Richard Wessell Project Location: Lot#95. 602 Small Drivc, Newbegun Land Subdivision Proposed Project: Replace existing bulkhead Please indicate helow your agency's posiLii�n or viewpoint on the proposed project and return this form by November 1, 2004, to Hestron Plaza IT, 151-B Hwy 24, Morehead City, NC 28557- If you have any questions regarding Lhc proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in depth commenLs- with supporting data are requested. REPLY: I'his office has no objection to the project as proposed. v' This office has no comment on Elie proposed project. This offico approves of the project only if the recommended changes are incorporated. See attached. 'phis office ohiccts to the project for reasons described in the attached Comments. S1rGNED �1; ., DA'l'E --��,,.:k k. 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\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 October 11, 2004 MEMORANDUM: C111YED TO: Charlan Owens, District Planner O C T 1 5 2004 Division of Coastal Management Moreh® �, ter' �+'�� �u .�vty ��.M FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dr. Richard Wessell Project Location: Lot#95, 602 Small Drive,Newbegun Land Subdivision Proposed Project: Replace existing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 1, 2004, to Hestron Plaza II, 151-B Hwy 24, 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. 51~"7� r4-cuF_P SIG D DATE 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 M OCT 14 2004 z NCDENR l`48TcTr pr North Carolina Department of 57vironment and Natural Resources Division of C ' stall Management Michael F.Easley, Governor Charles S es, Director Iliam G.Ross Jr., Secretary October 11, 2004 �iQ 7 '+A 4 1wor(jheau Cu.MEMORANDUM TO: Renee Gledhill-Early NC Department of Cultural Resources FROM: Doug Huggett !C fzslo V Major Permits Processing Coordinator RECEIVED SUBJECT: CAMA/DREDGE & FILL Permit Application Review OCT 2 7 2004 Applicant: Dr. Richard Wessell DIV.OF COASRALETAL Project Location: Lot#95, 602 Small Drive,Newbegun Land Subdivision Proposed Project: Replace existing bulkhead ao-�-4- G. fa"� Please ndicate b ow your ency's position or viewpoint on the proposed project and return this form y November 1, 2004, Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you h ve any questions arding the proposed project, please contact Frank Jennings at (252) 264-390 appropriate, in 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. 1 SIGNED (� .Q2 4� DATE l D -_L s _O d 1367 U.S. 17 South,Elizabe h 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 0 C T 1 9 2004 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 October 11, 2004 RECEIVED MEMORANDUM: OCT 15 2004 OF COASTAL MANAGEMENT TO: Mr. William A. McNeil, Director DIV. RALEIGH Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application R Applicant: Dr. Richard Wessell OAT Z 8 2004 Project Location: Lot#95, 602 Small Drive, Newbegun Land Sub% *eaa Clay D Proposed Project: Replace existing bulkhead CM Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 1, 2004, to Hestron Plaza II, 151-13 Hwy 24, 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. L/`fhis 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 <� �-G� DATE l� -13-o sZ 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 f . 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 October 11, 2004 MEMORANDUM: G 0 U R TO: Mr. Preston P. Pate, Jr., Director XT 1 9 2004 Division of Marine Fisheries FROM: Doug Huggett D M F-H A D I TAT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dr. Richard Wessell Project Location: Lot#95, 602 Small Drive, Newbegun Land Subdivision f�s¢,�� �✓ �d�� Proposed Project: Replace existing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 1, 2004, to Hestron Plaza II, 151-B Hwy 24, 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: v 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. SIGN DATE /0 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 FUi , � 52�4 NCDENR �v o 4 -,SH SANlT^" North Carolina Department of Environment and Natural Resour Z004 Division of Coastal Management re�e�� (;j Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary ��'Vr October 11, 2004 MEMORANDUM: u OCT t 3 TO: Patty Fowler NC DENR - Div. Of Environmental Health ESH�Ex t.FISH SANITATIO,y FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Dr. Richard Wessell Project Location: Lot#95, 602 Small Drive,Newbegun Land Subdivision Proposed Project: Replace existing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 1, 2004, to Hestron Plaza 11, 151-B Hwy 24, 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. n/ �` 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"4y / -Fdi P���i �a✓/� i DATE 1 o- at l - o 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Charles ,iolnes,Director-1 William G. Ross Jr., Secretary October 11, 2004 PLO� O C T 2 9 2004 MEMORANDUM: Morehead City pCM TO: Ken Pace OCT 18 2004 NC DOT, State Construction/Materials Branch FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review RECEIVED Applicant: Dr. Richard Wessell OCT 2 7 2004 Project Location: Lot#95, 602 Small Drive,Newbegun Land Subdivision DIV.OF COASTAL MANAGEMENT RALEIGH Proposed Project: Replace existing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 1, 2004, to Hestron Plaza II, 151-B Hwy 24, 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 10 Z Z 1367 U.S. 1766uth, 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 .74 T � ' if MAJOR PERMIT FEE MATRIX'' OCT 18 2004 Applicant: Richard Wessell Morehead City D, Selection Development Type jee DCM % DWO % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). For Private non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3301 (see attached) can be applied: III(B). For public or El commercial development, if $400 100% ($400) 0% ($0) General Water Quality Certification No. 3301 (see attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) = 40% ($160) 3301 (see attached) cannot be applied: IV. For development that El involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: CERTIFIED SERVICES OF NC INC 2252 PH.252-330-4044 215 BAYSHORE DR 66-1 12153 1 EUZABETH CITY,NC 27909-7877 Date 97401 Pay to the ,� C Order of )C I s `��- Cb L06 Dollars j BB&T BRANCH BANKING AND TRUST COMPANY \E"LIZABETH CITY,NORTH CAROLJNA For SSW— AT-✓L 1:053L0L12L1: 52110457LLi1' 2252 GAJAA0 NSSAEEW GLUE REEL �1 MA 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 N O C T 1 3 2004 FROM: Yvonne Carvers/�i/`J Administrative �tant MorGheed City DCM DATE: October 11, 2004 SUBJECT: Public Notice — Dr. Richard Wessell Please publish the attached Notice in the October 14, 2004, 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 Jay Poole, NC Division 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, please contact me at our Elizabeth City office. Attachment cc: D6ug Huggett, Major Permits Coordinator, DCM File 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 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 September 9, 2004. According to said application, Dr. Richard Wessell proposes to replace an existing bulkhead located at 602 Small Drive, in the Newbegun Land Subdivision, Pasquotank County, NC. 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, Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557, prior to November 3, 2004, 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, October 14, 2004 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 October 11, 2004 tU Ir- Dr. Richard Wessell nCT 1 3 9004 600 Small Drive Elizabeth City, NC 27909 MorerIfjad City DGM Dear Dr. Wessell: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located at 602 Small Drive in Pasquotank County. It was received complete on September 9, 2004, and appears to be adequate for processing at this time. The projected deadline for making a decision is November 23, 2004. 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. 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 Dr. Richard Wessell October 11, 2004 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, CA--- `Frank A. Jennings, III VVV Coastal Management Representative FAJ/ybc Enclosure cc: vDoug Huggett, Major Permits Coordinator, DCM, Raleigh, NC Ted Sampson, District Manager, DCM, Elizabeth City, NC r i w " allo (04 J lm- cts u- U a) O � CAMA ERMIT APPLIE FOR PROJECT: c PZ /A c c= 6-X /J' 7-/A/ G COMMENTS ACCEPTED THROUGH NyErn� E� 3, y APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: J �o.Ir � e n Seto. ! �f ice '- e C:+--y. AJ y7-5, 7 714 9 CERTIFIED MAIL RETURN RECEIPTty flC DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual applying for Permit: D r . Richard Wessell Address of �Y ProP e Lot #95, 602 Small Drive Elizabeth City, N.C. 27909 (Lot or Street#, Street or Road, City&County) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has they are proposing. A descrSENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY letter, ■ Complete items 1,2,and 3.Also complete A i ture item 4 if Restricted Delivery is desired. X / ❑Agent 5�-- I have no objections • Print your name and address on the reverse ❑Addresse so that we can return the card to you. B. Rece e- y P" ted N e) C. Date of Deliver ■ Attach this card to the back of the mailpiece, -as—o If you have objections to or on the front if space permits. D. Is delivery address different from item 17 ❑Yes Management, 1367 US 17 S, 1. Article Addressed to: if YES,enter delivery address below: ❑ No days of receipt of this notice been notified by Certified M: Dr. and Mro. Denauvo RoVi'l5on 604 Small Drive Elizabeth City, N.C. 27909 3. Service Type ❑Certified Mail ❑ Express Mail ❑ Registered ❑Return Receipt for Merchandi: ❑ Insured Mail ❑C.O.D. I understand that a pier, dock, 4. Restricted Delivery?(Extra Fee) ❑Yes minimum distance of 15' from - 2. Article Number 7003 1680 QQp4 1040 0493 waive the setback, you must it (Transfer from service label) Ps Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1° I do wish to w 0 1' I do not wish to waive the 15' setback requirement. Signature Date n F-/ye-v t-t-, "�q'v Print Name JUG Telephone Number With Area Code CCASrq` C T'�'�Ni CERTIFIED MAIL RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual applying for Permit:—Dr . Richard Wessell Address of Property: Lot #95, 602 Small Drive P Elizabeth City, N.C. 27909 (Lot or Street#, Street or Road, City&County) I hereby certify that I own 11SENDER: applying for this permit has ■ Complete items 1,2,and 3.Also complete A. Signatu they are proposing. A descr Item 4 if Restricted Delivery is desired. ❑Agent letter. ■ Print your name and address on the reverse X ®-A dresse so that we can return the card to you. B. Re iv by Printed Name) C. Date of Deliver ■ Attach this card to the back of the mailpiece, $, I have no objections or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No If you have objections to Management, 1367 US 17 S Mr. and Mrs. Sperry Storm days of receipt of this notiC6 514 Small Drive been notified by Certified Mi Elizabeth City, N.C. 27909 3. Service Type y ❑Certified Mall ❑Express Mail ❑Registered ❑ Return Receipt for Merchandis ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 1680 0004 1040 0509 I understand that a pier, dock, (Transfer from service lab It ' minimum distance of 15' frorr Ps Form 3811.,August 2001 Domestic Return Receipt 102595-02-M-15 waive the setback, you must i I do wish to waive the 15'setback requirement. I do not wish to waive the 15' setback requirement. d 7 *na Date y ED Print Name JU COASTelephone Number With Area Code '�L Iqg NAI FME c)ryNT O C t x 3 2004 Morehead City DCM NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Parcel Identifier No. 894104746965 Verified by County on the day of , 20_ By: MaiUBox to: The Twiford Law Firm This instrument was prepared by: Betsy Butler, Attorney At Law Brief description for the Index: Lot 95, Section F, Newbegun Land THIS DEED made this 19th day of December ,20 03,by and between GRANTOR GRANTEE JAN J. MORGAN, UNMARRIED RICHARD F. WESSELL, JR. 3201 Memorial Avenue 600 Small Drive Nags Head, NC 27959 Elizabeth City, NC 27909 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular,plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee,the receipt 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 , Ni xonton Township, Pasquotank County, North Carolina and more particularly described as follows: Being Lot No. 95, Section F, in the subdivision known as Newbegun Land, as shown and delineated on that certain plat entitled "Section F, Newbegun Land", dated September 2, 1980, by S. Elmo Williams, Registered Surveyor, and recorded in Book 8 at page 49 in the office of the Register of Deeds of Pasquotank County, North Carolina. The property hereinabove described was acquired by Grantor by instrument recorded in Book 605 page 279 A map showing the above described property is recorded in Plat Book g page 49 NC Bar Association Form No. 3 Q 1976, Revised© 1977, 2002 +James Williams&Co., Inc. Printed by Agreement with the NC Bar Association- 1981 www.JamesWilliams.com TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. 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 fde 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: Easements and restrictions of record. IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written. (SEAL) (Entity Name) n r n (SEAL) By: G Title: x (SEAL) By: U Title: a r° (SEAL) By: Title: :4KE State of North Carolina-County of DARE .�� "0 MF • • • yQ:'• •'90'� 0 I,the undersigned Notary Public of the County and State aforesaid,certify that tV• ',Z Z personally appeared before me this day and a- NOYp,RY •y_ z Jan J Mor$an =w• * * * '3— `" acknowledged the due execution of the foregoing instrument for the purposes therein expressed.Witness my r PUBLIC U Q hand and Notarial stamp or seal this 19 h day of December 0� .20 �'�i�'9R'• . . - .t?�� M My Commission Expires: 3/2 7/2005 + ��F'COUN ���� State of North Carolina-County of I,the undersigned Notary Public of the County and State aforesaid,certify that a personally came before me this day and 0 acknowledged that he is the of � a North Carolina or corpomtionAimited liability company/general partnership/limited x partnership(strike through the inapplicable),and that by authority duly given and as the act of each entity, U_he signed the forgoing instrument in its name on its behalf as its act and deed. Witness my hand d Notarial stamp or seal this day of — w My Commission Expires: Notary Public a State of North Carolina-County of 0 I,the undersigned Notary Public of the County and State aforesaid,certify that � , d Witness my hand and Notarial stamp or seal this day of 20_ .a wMy Commission Expires: Notary Public The foregoing Certificate(s)of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By: Deputy/Assistant-Register of Deeds NC Bar Association Form No. 3 (D 1976,Revised© 1977,2002 *James Williams&Co.,Inc. Printed by Agreement with the NC Bar Association- 1981 www.JamesWilliams.com