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HomeMy WebLinkAbout122-05 Wageli, Albert & Beatrice Permit Class Permit Number NEW 122-OS STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission f Ap ermt COPY 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 Albert and Beatrice Wageli,257 April Lane, Bayport,NY, 11705 Authorizing development in Pasquotank County at Pasauotank River, Small Drive (SR 1131) lot 76. New Begun , as requested in the permittee's application dated 3116105. ' ludi g the attached workplan drawings (2) dated 5111105 This permit, issued on July 26,2005 , 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. Y Shoreline Stabilization x 1) The bulkhead alignment shall follow the alignment of the previously existing bulkhead. 2) 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, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. Y 4 (See attached sheet 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 personnel when the project is inspected for compliance. v IL, Any maintenance work or project modification not covered Charles . Ones, 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 Albert and Beatrice Wageli Permit # 122-05 Page 2 of 2 ADDITIONAL CONDITIONS 3) The bulkhead shall be constructed prior to any backfilling activities. 4) T13e bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation shall be permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit shall not authorize any excavation waterward of the approved alignment. 6) The fill material shall be clean and free of any pollutants except in trace quantities. 7) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Sedimentation and Erosion Control 8) 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.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. 9) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. , General 10) No vegetated wetlands shall be excavated or filled even temporarily. 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 assigned the proposed project DWQ Project No. 05- 0918. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200511018. FqCDENR 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 July 26,2005 Albert and Beatrice Wageli 257 April Lane Bayport,NY 11705 Dear Mr. and Mrs.Wageli: 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, Ala Vt k; Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Albert G. and Beatrice G. Wageli 2. LOCATION OF PROJECT SITE: Lot 76 Small Drive, Newbegun Land Subdivision, SR 1131, Pasquotank County, adjacent to Pasquotank River. Photo Index - 2000. 237-1904 (G-2) 1995: 167-1707 (N-20) 1989: 128-12 (F-8) 1984: 121-756 (G-19) State Plane Coordinates - X: 2,848,700 Y: 912,350 Wade Point, U.L. GPS - B032419A 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 05/10/2005 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 05/20/05 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pasquotank County Land Classification From LUP - Conservation (B) AEC(s) Involved - PTA, EW, and ES (C) Water Dependent - Yes (D) Intended Use - Private, Residential (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Old wooden bulkhead Planned - New wooden bulkhead (G) Estimated Annual Rate of Erosion - 25 feet in area bulkhead failed Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED GRADED (A) Public Trust Area, Estuarine Waters 1,140 sq. ft. (B) Uplands in Estuarine Shoreline AEC 9,375 sq. ft. (C) Total Area Disturbed - 10,515sq. ft. (0.241 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. Field Investigation Report Albert G. and Beatrice G. Wageli Page 2 PROJECT SETTING The site of the development proposal is a 33,250-square foot vacant residential lot located at Lot 76 Small Drive (private) off SR 1131, in Newbegun Land Subdivision, in Pasquotank County, and adjacent to the Pasquotank River. The property is mostly flat and vegetated with indigenous grasses, sparse native trees, and a Phragmites spp. fringe with scattered mimosa and sweet gum trees directly landward of existing bulkhead. Most of the trees were damaged by Hurricane Isabel and have been removed. 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 failing bulkhead with remnants along the 125-foot long shoreline. A 33-foot long section at the southern one-third of the bulkhead, along with a 10-foot long section on the northern corner, failed during Hurricane Isabel and the shoreline has eroded an average of 25 feet in both areas. The adjacent property to the north is an undeveloped residential lot with a shoreline wooden bulkhead that has also suffered damage from Hurricane Isabel. The property owner's, Mr. and Mrs. Oliver S. Etheridge, have applied for a Major Permit to replace their existing, failing bulkhead. The adjacent property to the south is a residential lot developed with a single-family dwelling and a shoreline bulkhead and pier structure. The water depth close to shore ranges from 1-2.5 ft. The waters of the Pasquotank River in this area are classified as SC by the Division of Environmental Management and are closed to shellfish harvesting. DEVELOPMENT PROPOSAL In order to repair the existing bulkhead structure to provide shoreline stabilization and prevent further erosion, the applicant proposes to construct two new sections totaling 43 feet of wooden bulkhead along the same alignment of the old bulkhead. The proposed bulkhead alignment will have an average distance waterward of NWL in the eroded areas of approximately 25 feet. The proposed bulkhead alignment will be consistent with the remaining adjacent bulkhead to the south and the pre-Hurricane Isabel bulkhead alignment to the north. ANTICIPATED IMPACTS The development proposal will result in the filling of approximately 1,140 square feet of Public Trust Area and Estuarine Waters Areas of Environmental Concern in the eroded areas. It is anticipated after the work is completed on the bulkhead, that the property will require grading and seeding which will likely result in approximately 9,375 square feet of Estuarine Shoreline disturbance, and 64 cubic yards of clean, dry, bulkhead fill material from an upland pit. Temporary water turbidity will occur during construction. The use of a filter cloth behind the bulkhead will minimize future erosion and turbidity. Submitted by: Kimberly A. Hedrick Date: 05/11/2005 --'tv M=. bc PPLIC . .,�., - ATION P"PR « � (ro be completed by all applicants) b. City, town, community or landmark N E:W 13 E u" LAN P -5'4'C r 10 1. APPLICANT c Street address or secondary road number S M.4 L L D rVE t Q+ I a. Landowner: CSR d. Is proposed work within city limits or planning V Name Lg�L I jurisdiction? — Yes N o- Address A 6- AP R t L A e. Name of body of water nearest project (e.g.. river, creek, sound, bay) ?AS 0 (A t>TA N K R i V 65 City Atep State —PJ- Zip _!i_y t� Day Phone 6 3 2 tX8 3. DESCRIPTION AND PLANNED USE Fax Af.A OF PROPOSED PROJECT b. Authorized Agent: Name m.A- a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address To RE e LACE 43 c7-. to r J 2 Sr 7, y4opclen 6'IL�f'd- (�11 in Qn-0 "'7" LLT-iner, City State Zip --. Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? Fax c. Will the project be for public, private or commercial use? _F(Z% %rA-11E c. project name (if any) d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE' perrrdr will be imved in name OfLand-r(s), mid/or project. If more space is needed, please. attach additional pages. 1-.* *RF- CiAttl EROS'Or4 1 ; project name. PA s r i-L H a a T-f-I s A M Q FR E NIE"I ,r(i g-rH 4 R ER 0 5 1 t,rJ.-5-rA N P A M 0-'$LL LK Ii .EqcAlpmEwr wtT-K LicENIE2 Cy#jTXAc-r- Z. LOCATION OF PROPOSED 13Acie ff)l C1 6 I- wiL 9 .EAAJ Ley f-f4,rrql L rRo" itpl_,qAl.o Sc(gce, 4 f*IZ7H iC'� C, PROJECT W14,L A?,< 1,Vjrr-,q4,te-,0 4-qVQWAqQ of Ru ,&KNE,4P 7-o C-0A1,—F=1A1,9 r'14- a, County .:' inaeamss: . +?'°7t "nee'vq°}"esm"'. "'" ...*„• •� 17. t 'r4 +,+snz.....sr37 '+rvr'1}f.r•^ ;.;.pn• <; F'k,.°'.,oer,.TiT' .w'�i:.`+S"' +•a•£".S`•'•dW} ..�w•' :i ..n..rr^Yr - u C� e:X,• d•S�' 3""y F 'ai':.'�•" .tF.: 'A*-: r-,u�r..n r,,Y xrtx'a+mfisv�, w^sa•.a.�aa;..-^S..o.` ��,.xaa z. _ -s+^essd.�•=zr"r c-a++.�+rtfv `RYm sr��+����.�'�mm'�icr. �,�.a? 'c '9s-yM•cnrrr. ....� .� ...r r:, '.... •�"k',:i � w„e.,,,.w,•.....;,... i.n -.w..+ ,..r s `� x�..+w+ .w-.��«.w.aw,u-.x,.vex w•..e� ...+w �� w.•� M..... ,ua�,+u .,'E..'_. »1e2R A."y Jy"s.'•n' t -c„�- rd P' t",. ""T "8"--:'�. 4- z - rw�'r4eu'�^",- r3 ice.v�...+•F'Ft a -- t Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER rJo rs CHARACTERISTICS 3 �s-o gQ F--r n.• Describe location and type of discharges to waters a. Size of entire tract of the state. (For example, surface runoff, sanitary N. A. wastewater, industrial/commercial effluent, "wash b. Size of individual lot(s) down" and residential discharges.) c. Approximate elevation of tract above MHW or Su2f'/!cE fluty oFF - NWL and textures of tract o. Describe existing drinking water supply source. d. Soil type(s) ( ) cou N T q �ar�& �*,k1�r► si Iaa�tw e, Vegetation on tract A( Arc\1E G'RAsse 7-17EE . f. Man-made features now on tract E x s r f A/Cr $. ADDITIONAL INFORMATION 8u k NcA gu.t, rUEAR 1ZrKNtAr#JS . rVcc �n g, What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consul, vu local ma'se plan.) following items must be submitted: ✓ Conservation _Transitional • A Dopy of the deed (with state application only) or _ Developed Community other instrument under which the applicant claims title _ Rural -- ref 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. ✓✓ No zoning? _—�� ������ ��p���� • An accurate, dated work plat (including plan view (Attach toning conk and cross-sectional drawings) drawn to scale in black professional archaeological asses ment been ink on an 8 1/2' by 11" white paper. (Refer to j Has a p ? Yes No Coastal Resources Commission Rule 7J.0203 for a done for the tract? ,_ detailed description.) If yes, by whom? 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 sted or eEsgible property? prints or other larger plats are acceptable only if an Register li adequate number of quality copies are provided by Yes = No applicant. (Contact the U.S.- Army Corps of Are there wetlands on the site? v/No Engineers regarding that agency's use of larger 1, Yes drawings.) A site or location map is a part of plat Coastal (marsh) -1M-�: ref requirements and it must be sufficiently detailed to If yes, has a delineation been conducted? ��_ guide agency personnel unfamiliar with the area to the (,(Hach ��ruation, iJavailablcJ .. �- M.,aslss^.^+."ssrR'swK. .+.wcYN'+1L"'4'�'aa�'A'.�`• �±•b�e:s x»t�*s'*� ..s,:'.vu r`+.�.;- ia� +.. ._ +•.: ,�i. ,'s w:+Mfi.:.t�wu.rv'..k s,r .we�5,:•.�;,w...�+�,.+r"§ :^' ne- .' x'+ w ri'V'!-N' "'�"-r a?kc�—fi a?•�.„r t, _{.•a+, a a xn�i'74"�.�,.�;3'rir.1.'w_y�• �, .�j,Ay,..� �� +!`°4�.'�h' 'r'.�.'y�•.F—d'v�+S�.,V^?�Kb.m'o+r:.,�7 ,s�, '.��...x. T••'. f i S'�'� 1 �'�{ ,�-.�.•,.�,�,�,�'S�,,...:;�, site. Include highway or secondary road (SR) 6. CERTIFICATION AND PERMISSION numbers, landmarks, and the like. TO ENTER ON LAND • A Stormwater Cei-tification, if one is necessary. I understand that any permit issued in response to this • A list of the names and complete addresses of the application will allow only the development described in adjacent waterfront (riparian) landowners and the application. The project will be subject to conditions signed return receipts as proof that such owners 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 approved Coastal Management Program and will be Management. Upon signing this form, the applica.nt conducted in a manner consistent with such program. further certifies that such notice has been provided. �' Mrs DAvr v WA[-K crt I certify that I am authorized to grant, and do in fact, Name '�' E,c,T, ant permission to representatives of state and federal Address ?' ? Mh Lg �R'y� —� �c grant P 3 review agencies to enter on the aforementioned lands in Phone connection with evaluating information related to this Name V ,. E R E'1 Fi E permit application and follow-up monitoring of the t.e,r 0I. c• project. Address Phone I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address i 6 day c , � Phone This is the Y of --N a¢ • A list of previous state or federal permits issued for E�T G work on the project tract. Include permit numbers, Print Name _ ermittee, and issuing dates. Signature 2 maer ordthed Ag 76 e-A LBE Lawn , u (o - 7- g Please i.nd"irate attachments pertaining to your proposed • A deck for $250 made payable to the Department of project. Environment, Health, and Natural Resources cover t (DEHNR) to he 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. tS. A 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. V avi cP(� 03/95 Form DCM-W-2 EXCAVATION AND F ILL (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 hrA fill activities. All values to be given In feet. �V �) 1`I b. Type of material to be excavated A Avenge Final Exisdvg Project Length Wiaur Depth Depth c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic �y�getation Access (SAVs) or other wetlands? Yes AL&No channel (MLW)or(NWL) d. Highground excavation in cubic yards d_ Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin a. Location of disposal area Boat ramp b. Dimensions of disposal area Al Rock groin c. Do you claim title,to disposal area? . Yes �_ No Rock ,. �� A �;� If no, attach a letter granting permission from the breakwater .yir .�>' � owner. Other d. Will a disposal area be available for future maintenance? Yes No (Excluding If yes, where? A/ A' shorcUnc stabilization) Revised 03l95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs o ther wetlands? (1) Amount of material to be placed in the Yes a& No water A A (2) Dimensions of fill area ArA f. Does the disposal i elude any area in the water? Yes No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes No If yes, a. Typepf shoreline stabilization (1) Dimensions of fill area Bulkhead Rpprap (2) Purpose of fill b. Length VtP ACC- 43" c. Average distance waterward of MEW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. .Shoreline erosion during precedin 12 months and erosion controlled? X4<W U, AlA-TeMl A�e 7 in �le b""lkl'Jiay (Source of information) N%e i,t.V(YWAS 't"A Lu 6+ 2:mE :5t ALF- e:L-Q, Eur Re, + +.r Efe--AP k<sm 1t4lr�tk --T 1'4c Lr- PIC,F, ;o AIVt ,t- ; cA� f. Type of bulkhead or riprap material W40 b 9Er-tEit�� eov7Qo E.�oSSr� gc.c. -L KffZAQ w+�" �t=� y � b. What type of constructs n equipment will be used GCCAT- -rAj (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level 0A- I< G (1) Riprap N F (2) Bulkhead backfill ly i 1 Cy .v. d S . c. Will wetlands be cr5ssed in trting equipment h. Type of fill material C469-A/ Q </ +L L to project site? Yes Vol,f No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material GR+✓D P� 4. OTHER FILL ACTIVITIES Applicant or Project Name (Excluding Shoreline Stabilization) Signature a. Will PH material be brought to site? 3 Yes No its Revised 03/95 41beei- 2 '&e; {+ricL W Iaoe 1' MA3w IPe'mIJ �P• Plan V,e►nJ -for 6LdkkeA re?lAcemer4 -o+ 76, +inn qev\! ' '�vin UA :lizab�6kh C NC 27g09 �A5Q u 0 r� k �veY 2 .5W,;les W .. NEWBEGUN CREEK PASQUOTANK RIVER N MCINIIY MAP N.T.S. vrO-ppv,;i<t�n iSF:�w,vvr�cQ /tm�N+}S vC VY kr � NW1.. Iry osej 33rWwclen b;..Med 4b. en Yplacz.vntn� Z`f'WA}erwar�P NV1)l. L hta L. vvs,;,ttn In.:lklvn� 7.1 �•- -C.L9�_...�........._.L_ t1 DMA M� 3 m;ftt SM_1 '�cs s� �• �r;nc t qq �C ✓✓nib 1 i W a l key frofer+,�/ Lo -77 Lo+ '1 b Lo+ -75 sLALF �NM1 r 1� I��•- Vo, t f-�P,�, Cross - Sec�ho��l 1 Lc -7(-P, seC�i0�1 Nto) ����^k-I w Dr rrvv;:) ' 2 eve 3O` eros;�, es�+ar rr-en� a•s' Art e A Stt�i me n� 11� 'C. ,pCAo YhAN DrcLw SII �o i �/� Mt1�, �� V, F Yrt ' UA -h 0 LOC 14-{-10 1 LW 343 n w b 158 If l`. 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In °K• �e � e � J I � s CAMA AND DREDGE AND FILL GENERAL L - PERMIT - A as authorized by the State of North Carolina, Department of Natural Resources and Community Development and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC 1,14 _ N\i:�i"� Applicant Name AL a G of r Q , S 8g,#nq o c- cr. etl`ggit L Phone Number S 16 472- 21 S'f Address eZs7 RPrQft �A�r City )3A ogr State Zip f 70Y Project Location (County, State Road, Water Body, etc.) Type of Project Acti ity �- PROJECT DESCRIPTION SKETCH lill `Y.LV�h t -�� (SCALE: Pier(dock) length Groin length number —` Bulkhead length max.distance offs re — Basin,channel dimensions cubic yards ,, - Boat ramp dimensions 1 Other This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, applicant's sii imprisonment or civil action; and may cause the permit to be- come null and void. J' This permit must be on the project site and accessible to the permit officer's sil permit officer when the project is inspected for compliance. v� l The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local issuing date expirati ordinances, and 2) a written statement has beengb_tained from adjacent riparian landowners certifying that they have no k ~ attachments objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal application fee ;�� ' DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A)APPLICANT: Albert G. and Beatrice G. Wageli County: Pasquotank County LOCATION OF PROJECT: Lot 76 Small Drive,Newbegun Land Subdivision, SR 11312,# � . F' DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 05/20/05 ✓ MAY FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO 2 3 2005 CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: Y140rehead Qt FIELD REPRESENTATIVE: Kimberly Hedrick DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Ted Sampson, Date S' B) DATE APPLICATION RECEIVED IN RALEIGH:,o5/Z3I FEE REC'D: $250 PUBLIC NOTICE REC'D: 0512-5/� ^'� END OF NOTICE DATE: 0(N/i,11US ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: V APPLICATION ASSIGNED TO: Weft.V`-'U ON: S ZZ3%Cqs— C) 75 DAY DEADLINE: 08103l bS 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 S'Z Land Quality Section l2 7(D ` Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives &History Division of Environmental Health 7 /2-7l Division of Highways Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) Cd FvCq.K / r o uJ '(to �` Permit# l-1-1- D DCM Coordinator: MAILING DISTRIBUTION: Permitee: 4(/z er 04 8e.%4,IcY_ 4e1i l 2S'r1 Agent: DCM Fie s: 1' abeth Ci orehead Ci Washington Wilmington US Army Corps of Engineers(USACE): ashington: Mike Bell(NCDOT) 1 Biddlecome(NCDOT) Raleigh Blan Wilmington: Dave Timpy(NCDOT) Henry Wicker Other ultural Resources: iJoenness ledhill-Earl Environmental Health: rce Marine Fisheries: ecjt� NCDOT: � // Shellfish Sanitation: State Property Office: enderso� Water uali : aroly(for non-DO ' ness \ (� Wildlife Resources: Maria Tri ennett Wynne 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 Instructions to Word Processing_ This is a card letter 31. July 14, 2005 Regulatory Division Action ID No. 200511018 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Albert G. Wageli for a Department of the Army permit to replace an existing bulkhead, on property located at Lot 76 Small Drive, in the Newbegun Land Subdivision, adjacent to the Pasquotank River, 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. 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. 3. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 4. 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, 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 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 O�OF W A7- 9p Michael F.Easley,Governor William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources Q Alan W.Klimek,P.E.Director Division of Water Quality June 17, 2005 Mr. Albert G.Wageli 257 April Lane Bayport, NY 11705 Subject: CAMA/Stormwater Review SW7050519 Bulkhead Project Pasquotank County Dear Mr.Wageli: The Washington Regional Office received a copy of your CAMA application for a proposed bulkhead project located at lot # 76 Small Drive in New Begun Land Subdivision on May 23, 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, Roger K. Thorpe Environmental Engineer Washington Regional Office cc: ✓Doug Huggett, DCM Washington Regional Office Central Files NMo Carol ural North Carolina Division of Water Quality Washington Regional Office Phone(252)946-6481 FAX(252)946-9215 Customer Service Internet h2o.enr.state.nc.us 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycied/10%Post Consumer Paper Ai�lla MCDENR 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, 9CM Major Permit Coordinator FROM: Charlan Owen ICP, NE DCM District Planner Through: Ted Sampson, NE DCM District Manager SUBJECT: Major Permit Request by Albert and Beatrice Wageli to replace an existing bulkhead by installing 57linear feet of bulkhead along the Pasquotank River at Lot 76 Small Drive, off SR 1131, in Pasquotank County. DATE: June 9, 2005 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 33,250 square foot vacant lot within the Newbegun Land subdivision. The property has an elevation of approximately eight feet above Normal Water Level (NWL). An existing wooden bulkhead is located along the 125 foot shoreline adjacent to the Pasquotank River. A 33 foot long section at the southern one-third of the bulkhead and a 10 foot long section of bulkhead along the northern corner failed during Hurricane Isabel and the shoreline has eroded an average of 25 feet in both areas. The applicant proposes to install two new sections of wooden bulkhead totaling 43 linear feet along the same alignment as the existing bulkhead. Approximately 64 cubic yards of fill material will be placed as backfill for the proposed bulkhead. The waters of the Pasquotank River in this area are designated as Class SC waters and are currently closed to shellfish taking. Anticipated Impacts resulting from this project are expected to include: the filling of approximately 1,140 sq. ft. of Public Trust Area and Estuarine Waters AEC and the grading of approximately 9,375 sq. ft. of Uplands within the Estuarine Shoreline AEC. 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: 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 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 r 63� E *true A'1!i��A ftma NCDENR JUN 2 8 2005 North Carolina Department of Environment and Natural Resources"0A ALMANA.E Division of Coastal Management SLIZAS",�iCiT' ENT Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary May 20, 2005 \ JUL �Y 0 6 1 0 0 5 I MEMORANDUM: i `. A_Y > 41 2005Mreh®aa t i , Cl � p gi � C jI1 TO: Jim McRight PLY ET �i ' NC Department of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert G. and Beatrice G. Wageli Project Location: Lot 76 Small Drive,Newbegun Land Subdivision,SR 1131,Pasquotank Co. Proposed Project: Bulkhead and backfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 20, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick 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. 1� 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: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastaimanagement.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 S. Jones, Director William G. Ross Jr., Secretary May 20, 2005 MEMORANDUM: MAY 2 5 2005 TO: Lee Padrick IVloreh eaa C4 DCM Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert G. and Beatrice G. Wageli Project Location: Lot 76 Small Drive,Newbegun Land Subdivision, SR 1131,Pasquotank Co. Proposed Project: Bulkhead and backfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 20, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick 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. �is 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 Gi � l/� 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 ���� �►� 2005 MAY 2.X WDENR North Carolina Department of Environment and Natural Resouk4 � Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 20, 2005 �� - 1148 MEMORANDUM: -- v TO: Renee Gledhill-Early NC Department of Cultural Resources JUN 2 2005 FROM: Doug Nugget± Ain r '�1@cd�J Major Permits Processing Coordinator C�q,,`'� ��" SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert G. and Beatrice G. Wageli Project Location: Lot 76 Small Drive,Newbegun Land Subdivision, SR 1131,Pasquotank Co. Proposed Project: Bulkhead and backfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 20, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick 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. �L 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 . ,t 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 MAY 2 4 2005 Aria 01 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 20, 2005 MEMORANDUM: cz TO: Pat McClain / James Simmons Division of Land Quality MAY 2 7 zn(j FROM: Doug Huggett MOrelead CitY DC Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert G. and Beatrice G. Wageli Project Location: Lot 76 Small Drive,Newbegun Land Subdivision, SR 1131,Pasquotank Co. Proposed Project: Bulkhead and backfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 20, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: t/ 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 roject for reasons described in the at c ed comments. -0 fa� ;n�a rail �U�s� ob)����n �,�,, l�ri &� k4& Nu 0 �I0'C J• SIGNED DATE ZS C 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 Aria �l r�r NCDENR lf� North Carolina Department of Environment and Natural Res pu!rc!es Division of Coastal Management MAY 2 7 2005 Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary ,r7 ,` U l5 �.� t 5 `Y'i'�Y v l If r u a.ni 'w i 1.y `.l`..✓hA t Il ,, May 20, 2005 j I I FMAYM.AY2 6 2a (`'MEMORANDUM: SHE: D %,DISH SANITATIo ! ` � TO: Patti Fowler MAY 20 1 NC Department of Environmental Health _ SAtFi t.FrSH sANITAT►na, FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: *Albert G. and Beatrice G. Wageli Project Location: Lot 76 Small Drive,Newbegun Land Subdivision,SR 1131,Pasquotank Co. Proposed Project: Bulkhead and backfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 20, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED a/ `,-I-I�r pi,✓/C� 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 �A�l 71�AA 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 20, 2005 MEMORANDUM: r C� � C� pdC� TO: Preston P. Pate, Jr., Director Division of Marine Fisheries s FROM: Doug Huggett Major Permits Processing Coordinator F-H ITAT SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert G. and Beatrice G. Wageli Project Location: Lot 76 Small Drive,Newbegun Land Subdivision, SR 1131,Pasquotank Co. Proposed Project: Bulkhead and backfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 20, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick 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. 4 SIG DATE -' '" 3 —0 J 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 AriA RCDENR 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 .� 1 May 20, 2005 MEMORANDUM: WE� - TO: Joe Henderson M AY 2 3 2005 NC Department of Administration DOA STA T F PROPERTY OFFICE FROM: Doug Huggett -- Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert G. and Beatrice G. Wage►i Project Location: Lot 76 Small Drive,Newbegun Land Subdivision, SR 1131,Pasquotank Co. Proposed Project: Bulkhead and backfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 20, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick 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 "ATES- 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 one: 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 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 20, 2005 MEMORANDUM: n TO: Ken Pace NC DOT, State Construction/Materials Branch FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert G. and Beatrice G. Wageli Project Location: Lot 76 Small Drive,Newbegun Land Subdivision, SR 1131,Pasquotank Co. Proposed Project: Bulkhead and backfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 20, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick 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 _WJDATE u 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 Weigh,E C E l V E 1_ _ JUN 0 1 2005 Aria NCDENR r� 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 20, 2005 MEMORANDUM: !� TO: Charlan Owens, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert G. and Beatrice G. Wageli Project Location: Lot 76 Small Drive,Newbegun Land Subdivision, SR 1131,Pasquotank Co. Proposed Project: Bulkhead and backfill Please indicate tie your agency's position or viewpoint on the proposed project and return this form by June , 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick 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 Sty �-n- ���►-a SIGNED DATE - 9— dy-- 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 FROM :NCDENR FAX NO. :2529753716 Jun. 20 2005 04:35PM P3 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 20, 2005 MEMORANDUM: F` _J W TO: Maria Tripp NC Wildlife Resources Commission FROM; Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: Albert G. and Beatrice G.Wageli Project Location: Lot 76 Small Drive,Newbegun Land Subdivision,SR 1131,Pasquotank Co. Proposed Project: Bulkhead and backfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by .Tune 20, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick 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. V 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 Z,6--1--4,A 240 Q' 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 Aria NCDENR )UL 01 2005 North Carolina Department of Environment and Natural Resources Division of Coastal Management MOr®� ��� �C Michael F. Easley, Governor Charles S. Jones, Director William G. Ross c M May 20, 2005 0��2� 24 ��,� �0 MEMORANDUM: �� MPl o �e TO: Maria Tripp NC Wildlife Resources Commission FROM: Doug Huggett Ol 6 a L Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert G. and Beatrice G. Wageli Project Location: Lot 76 Small Drive,Newbegun Land Subdivision, SR 1131,Pasquotank Co. Proposed Project: Bulkhead and backfill Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 20, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Kim Hedrick 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. V/ 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 /1",/ ;, DATE zZ, 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 S. Jones, Director William G. Ross Jr.,Secretary MEMORANDUM TO: Doug Huggett, Major Permits Coordinator THROUGH: Ted Sampson, District Manager, Elizabeth City FROM: Kimberly Hedrick, Field Representative DATE: May 11, 2005 SUBJECT: Albert and Beatrice Wageli, Major Permit Application Recommendations The applicant proposes to replace two damaged sections of wooden bulkhead on their property located at Lot 76 Small Drive, Newbegun Land Subdivision, Pasquotank County, and on the Pasquotank River. The northern adjacent property owners are seeking a major permit to replace their damaged bulkhead as well. The southern adjacent property is bulkheaded and the applicant's lot has suffered severe erosion due to failing bulkhead sections from Hurricane Isabel. The property has a straight shoreline where bulkhead still exists, then has two concave sections where the bulkhead failed and remnants exist. The proposed bulkhead alignment will match the original bulkhead alignment and average a distance of 25 feet and a maximum distance of 35 feet waterward of NWL at the failed, concave areas. Bulkhead replacement in both failed areas will be a total of 43 feet. The applicant is requesting this alignment because erosion in the past year has been accelerated due to failing sections of bulkhead and would like to recover the original alignment. The development proposal can be considered consistent with 7H.0208(b)(7)(D), which allows a bulkhead below the normal water level (NWL). The failed bulkhead sections have lost a great deal of area along the shoreline because of erosion, and the proposed bulkhead is needed to address an ongoing erosion problem. The proposed alignment, although an average of 25 feet waterward of the NWL, will prevent the collection of trash and debris, prevent further erosion, and allow the recapture of area that has eroded since Hurricane Isabel, which damaged the shoreline protecting bulkhead that was functioning prior to this hurricane. It will allow the proposed bulkhead to be re-connected to pre-hurricane existing bulkheads on adjacent properties. The proposed alignment will not have significant adverse impacts on Public Trust Rights, or the property of adjacent riparian owners. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: hfp://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—30%Recycled By Fiber Weight Doug Huggett Albert and Beatrice Wageli 05/11/2005 Page 2 It is recommended that the development proposal be approved within the following conditions: 1. The bulkhead will not extend waterward more than 35 feet from the normal water level at any point along its alignment at the time of construction. The alignment of the proposed 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 re-staked 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. MAJOR PERMIT FEE MATRIX Applicant: Albert O. & Beatrice G. Wneli Selection Development Type dFe DCM % DWQ (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 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 o involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: 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 FAX MEMORANDUM TO: The Daily Advance Elizabeth City, NC FROM: Yvonne Carver Administrative Assistant DATE: May 20, 2005 SUBJECT: Public Notice — Albert and Beatrice Wageli Please publish the attached Notice in the Wednesday, May 25, 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 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: Doug 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 May 20, 2005. According to said application, Albert and Beatrice Wageli propose to replace an existing bulkhead and backfill at Lot 76 Small Drive in Newbegun Land Subdivision, Pasquotank County. A copy of the entire application may be examined or copied at the office of Kim Hedrick, 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 June 14, 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: Wednesday, May 25, 2005 1 /VV 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 20, 2005 Mr. and Mrs. Albert G. Wageli 257 April Lane Bayport, NY 11705 Dear Mr. and Mrs. Wageli: The Division of Coastal Management hereby acknowledges receipt of the application submitted for State approval for development of property located at Lot 76 Small Drive in Pasquotank County. It was received complete on May 20, 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is August 3, 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. 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 Mr. and Mrs. Albert G. Wageli May 20, 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, Kimberly Hedrick Coastal Management Representative KH/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Raleigh, NC Ted Sampson, District Manager, DCM, Elizabeth City, NC N ro AMA ERMIT A LIE F R PROJECT: �E-/�f��7Z/ !l A/t' Ac.�!7 _�Y �ccRRICRN� �.5,4/3EL �4N.D '3f�cKF/�L aRc�Q D F COMMENTS ACCEPTED THROUGH S��► � �� � a5 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: (<,e /�9,4 C i c � 7 q gor*, l L.c-A Q1, �r % ✓. o � Cao.s7a( MaIn0. %�q z7'1 SECTION1$04=21. COMPLETE THIS ■ Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. ^>, ■ Print your name and address on the reverse x wl ressee so that we can return the card to you. eceived by(Printed Name) C. Deliuery ` ■ Attach this card to the back of the mailpiece, �TU� or on the front if space permits. n ry PR D. Is delivery address item 1? El 1. Article Addressed to: - - If YES,enter delivery address below: ❑ No ;i r:= i . STED L I-t9-4C6 E T H C I T Y A(Q, 2 7�a� 3. Service Type )VAI r ER FORM I ❑Certified Mail '❑Express Maif ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. Article Number 4. Restricted Delivery?(Extra Fee) ❑Yes .RE or C4 &r -5--gr ?. Sr (l-ransfer from service label) 7004 2890 0001 3917 5475 IS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 (Lot or Street ff, 31rect— n-au, —.T — -----ty) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. v/ 1have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC, 27909 or call (252) 264-3901 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by CertiWed Mail, Please see the attached Major CAMA application, with drawings . Signature Date Print Name Telephone Number With Area Code VENDER: 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 ssee so that we can return the card to you. B. R ived by(Printed Name) C. D to of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. �/ tfl/G�1lC(s— L 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes "'� *°*-- •^ ' If YES,enter delivery address below: jNoa, GJ�9 ,f� r.r� S'I`ED TR 2+ �4 i -' .r H- �r rf.-� ly,c'_. WAIVER FORM 7D 4 3. Service Type'' ❑Certified Mali`'"O Express Mail ❑Registered O Return Receipt for Merchandise ❑Insured Mail 13 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes n/ EG►k N .Sew l3 ?. Article Number 7004 2890 0001 3 916 3731 (transfer from service label) 3S Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i�9 o,cr Street#, cerert nr Road. Ury K L niMY) I hereby*certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter./ %have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC, 27909 or call(252) 26.4-3901 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. Please see the attached Major CAMA application, with drawings. Signature Date ,72aV/ WC; e Print Name Z S 2 - 330 Telephone Number With Area Code i�' y,��e,e�h� '''u� J{���'p�`�,�rti '�� w•�'�• +'�.�, �"i 1;', rxSu,:r 1� �a: n ¢iJ« :���, t �o�a..�wr^ e �Y�,. ,�t . me �� >,� ,?fl.' 7','� � �,et.•`� � 4 grei�7 C BOOK M4 TAcE 6 o� SATISFACTION:This debt secured by the within Deed of Trust together' with the note(s)secured thereby s been satisfied in full. —I -a,i rep Thisthe day of _ ,19� Signed- ... .. . ..... . . . ^^� Recording:Time, Book and Page Tax lot No. v (� Parcel Identifier No. Verified by h✓ > L- J ounty on the day of 1 19_ by 7 Mail after recording to WHITE, HALL,_MULLEN, BRUMSEY & SMALL, Attorneys at Law PO Box 304, Elizabeth City, NC 27909 This instrument prepared by G. Elvin Small, III, Attorney at Law Brief Description for the index Lot 76, Sect. E, Newbegun NORTH CAROLINA DEED OF TRUST THIS DEED of TRUST made thisl5th da of April 86 Y ,19 by and between: GRANTOR TRUSTEE BENEFICIARY ALBERT G. WAGELI, JR. STARKEY SHARP LINDA SMALL ETHERIDGE, DI AND WIFE, SMALL BRAY, WILLIAMF. SMALL, II BEATRICE G. WAGELI JEFFREY R. SMALL, G. ELVIN SMALL, III, F.P. MARKHAM SMALL AND ANITA S. OLDHAM Enter in appropriate block for each party: name,address, and, if appropriate,character of entity, e.g.corporation or partnership. The designation Grantor,Trustee,and Beneficiary 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 whereas the Grantor is indebted to the Beneficiary in the principal sum of THIRTY—TWO THOUSAND AND NO/100---------- ----------------------------------------------------------------------- ------) as evidenced by a Promissory Note of even date herewith Dollars($ 32,000.00— , the terms of which are incorporated herein by reference. The final due date for payment of said Promissory Note,if not sooner paid,is April 15, 1991 NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection(including attorneys fees as provided in the Promissory Note)and other valuable consideration,the receipt of which is hereby acknowledged,the Grantor has bargained, sold,given, granted and conveyed and does by these presents bargain,sell, give,grant and convey to said Trustee, his heirs, or successors, and assigns,the parcel(s)of land situated in the City of Nixoritori Township, Pasquotank County,North Carolina,(the"Premises")and more particularly described as follows: Lot No. 76, Section E, in the subdivision known as Newbegun Land, as shown and delineated on that certain plat entitled "Section 'E' Newbegun Land," dated September 30, 1980 by S.Elmo Williams, Registered Surveyor, and recorded in Map Book 8, at Page 48 in the Office of the Register of Deeds of Pasquotank County, North Carolina. THIS IS A PURCHASE MONEY DEED OF TRUST. Cancelled Record kk+% da of 19 Assistant Register of Deeds ,1 N.C.Bar Assn.Form 50 1976,Revised 0 June 1985 Printed by Agreement with N.C.Bar Assn. Poole Printing Co.,Inc.,P.O.Box 17376,Raleigh,NC 27619