HomeMy WebLinkAbout150-05 Minor Mod. 04/2014 F
it Class Permit Number
DIFICATION/MINOR 150-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
�rmcit . RECEIVED
for * MAY 2 2 F'
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 DCM-MHDCnY
Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Windsor, PO Box 508, Windsor,NC 27983.
Authorizing development in Bertie County at adj. Cashie River, 112 Water Street,
Windsor , as requested in the permittee's letter dated received in WARO on
4/3/14, including the attached workplan drawings(4), 1 dated 1/12/14, 2 dated revised 3/17/14, and 1 dated 3/4/14
This permit, issued on Anril 21, 2014 , 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.
1) Unless specifically altered herein, this minor modification authorizes the reconfiguration of the
previously authorized access and kayak/canoe launch and the floating kayak/canoe platform, and the
construction of an additional step-down access, all as depicted on the attached workplan drawings and
letter dated received 4/3/14.
2) This permit authorizes a maximum of twelve formalized boat slips.
3) All conditions and stipulations of the active permit remain in force under this minor modification unless
specifically altered herein.
4) This minor modification shall be attached to the original of Permit No. 150-05, which was issued on
10/5/05, as well as all subsequent modifications, refinements and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
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 k�4�
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered Braxton C. Davis, Director
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2014
In issuing this permit, the State of North Carolina agrees inn
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
��r
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E, Skvarla, III
Governor Secretary
April 23, 2014
Town of Windsor
P.a Box 508
Windsor,N.C. 27983
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act,and where applicable,the
State Dredge and Fill Law,for you to proceed with your project proposal.The original(buff-colored form)is retained by
you and it must be available on site when the project is inspected for compliance.Please sign both the original and the
copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have
waived your right of appeal described below.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or
113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings,6714 Mail Service Center,Raleigh,NC 27611-6714,(919)733-2698 within twenty(20)days
of this decision on your permit.You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form.Otherwise,all work must be carried
out in accordance with your application.Modifications,time extensions,and future maintenance requires additional
approval.Please read your permit carefully prior to starting work and review all project plans, as approved.If you are
having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time,Department personnel will visit the project site.To facilitate this review,we request that you
complete and mail the enclosed Notice Card just prior to work initiation.However, if questions arise concerning permit
conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance.
By working in accordance with the permit,you will be helping to protect our vitally important coastal resources.
Sincerely,
rV n i
ou las V.Hu ett/� n/
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Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue,Morehead City,North Carolina 28557
Phone:252-808-28081 FAX 252-247-33301 Internet:www.nccoastalmanagement.net
An Equal Opportunity I Affirmative Action Employer
DU V'r ll;oor'QARnator: lt"ermitC 4:
MAILING DISTRIBUTION SHEET
Perrmitee: ��<.✓Y, O� G/S�i1
Agernts:_- -
IDCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington: Raleigh Bland
Tracey Wheeler
William Westcott(NC DOT)
Bill Biddlecome(NC DOT)
Wilmington: Dave Timpy
Cultural Resources: Renee Gledhill-Early or(environmental.review@ncdcr.gov)
Public Water Supply: Debra Benoy(WIRO)
Joey White(WARO)
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: Tim Walton
Water Resources: Karen Higgins(Raleigh)
John Hennessy(NC DOT)
Washington- Anthony Scarborough
Wilmington- Joanne Steenhuis—401
Chad Coburn-401
Linda Lewis- Stormwater
Wildlife Resources- Maria Dunn(WARO)
LPO:
Fax Distribution: Permitee#: �
Agent#:
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory John E. Skvarla, III
Governor Secretary
MEMORANDUM
TO: Daniel Govoni
FROM: David Moyerx\'
DATE: 4 April 2014
SUBJECT: Modification Request for Town of Windsor, Major CAMA Permit No. 150-
05
Major CAMA Permit No. 150-05 was issued to the Town of Windsor on 5 October 2005
for the construction of two T-head piers to create dockage for 10 boats off an existing boardwalk
located adjacent the Roanoke/Cashie River Center off U.S. Hwy 17 (Water Street) in the Town of
Windsor on the Cashie River in Bertie County, North Carolina. A Minor Modification of the permit
was issued on 8 June 2006 to create a sandy kayak/canoe launch area adjacent the Cashie River in
the same area they are now proposing a kayak/canoe launch pier modification. The aforementioned
authorized development with the exception of the sandy kayak/canoe launch area has been
completed. The permit was modified through a Minor Modification on 18 July 2013 to install an
access to the Cashie River with a gangway and floating kayak/canoe launch along the downstream
(south) property line.
Mr. Sam Jarvis, as agent for the Town of Windsor, submitted a request on 3 April 2014
to modify the permit to reconfigure the previously authorized access and floating kayak/canoe
launch. The Town is requesting to realign the access to avoid several small cypress trees near the
shore which will result in the project crossing the property line and impacting property also owned by
the Town on the downstream side of the site. This piece of property was not owned by the Town
when the original permit was issued, but was subsequently purchased by the Town and a copy of
the deed is attached. A stepdown access is also proposed on the recently purchased property to
allow for staging of kayaks and canoes for mobility impaired users. This stepdown access will be
located landward of the 30' Public Trust Shoreline Area of Environmental Concern. Another change
from the 18 July 2013 modification is the orientation of the floating kayak/canoe platform. The Town
is asking to rotate the authorized platform 900 which will result in the structure projecting 10
additional feet into the river for a total of 38.4'. The waterbody width at this location is ±166' and '/.
would be 41.5'. The town feels it will be easier to launch kayaks and canoes parallel to the water
flow rather than perpendicular as previously authorized. The proposed kayak/canoe launch structure
and upland access modifications are shown on the attached four plats with sheet 1 of 1 dated
1/12/14, sheet 2 of 4 and sheet 3 of 4 dated revised 3/17/14, and sheet 4 of 4 dated 3/4/14.
943 Washington Square Mall,Washington,NC 27889 RECM RECEIVED
Phone:252-946-6481 1 FAX:252-948-0478 Internet www.nocoastaImanagement.net
An Equal Opportunity 1 Affirmative Action Employer APR 0 g 2014 A F
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Town of Windsor
4 April 2014
Page 2 of 2
1 have sent the information to the U.S. Army Corps of Engineers and the NCDENR, Division of
Water Quality, Wildlife Resources Commission, and DCM Fisheries Resource Specialist for review
and comments. Please advise if any other agency review is necessary. The $100 check covering
the cost of the requested modification was received and has been deposited in the Department's
account. If the modification is granted, standard conditions for docking facilities needs to be included
with reference to the attached plats, and the permit will authorize a maximum of 12 boat slips.
Please call me at (252)948-3936 if you have any questions.
fI , : RECEIVED
APR 0 8 2014
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APR 0 3 2014
W ARO RIVER CENTER KAYAK LAUNCH FACILITY
Windsor, North Carolina
EXISTING CAMA PERMIT NUMBER 150-05
Following the modification of the referenced permit on July 18, 2013, construction planning was begun
to prepare plans and bid documents.The preliminary information to be gathered included the
confirmation of the U.S. Army Corps of Engineers 404 jurisdiction near the proposed pier, a topographic
survey and map, river cross section data, FEMA flood study geometric, flow, and plan input data along
with meetings with the owners and vendors concerning the use of various materials.The topographic
survey revealed that some cypress trees located in the 404 area were too close to the proposed pier
location to avoid an impact. Upon review under the Avoidance and Minimization rules, it was
determined that a reasonable alternative existed that would eliminate any 404 impacts or potential tree
root damage.The Town of Windsor owns all the property in the proposed launch vicinity. Upon
consultation with the Town Manager,Allen Castelloe,the pier location was shifted southward away
from the impact.The shift required the removal of a portion of a chain link fence and a bend in the pier
section.The modified plans show the location of the 404 limits,the cypress trees as located,the
removal of a portion of the fence, and a shift to the south of the launch facility and platform.
it has been observed that many kayak clubs and events are being formed with a great deal of
participation in the growing sport. Further,our observation is that club members like to launch together
and stay together during the events.That requires them to get their equipment at the launch platform
and stage it until the launch. The vertical distance between the pier and the ground at the platform is
approximately two feet. I hat is not impairment to many users, but many users are elderly and otten
have mobility issues that restrict their movements.The design team felt that a staging area on the land
would be a useful addition and that wide steps would assist the impaired users to access the stage area
substantially unassisted.The steps are planned on the south side of the pier upland of the Coastal
Resource Commissions AEC. The revised plans show the steps south of the pier and beyond the AEC.
The consensus among the design team and the launch manufacturer was to place the slips parallel to
the direction of flow rather than perpendicular to it. Kayaks are very sensitive to water movement and
the control is better in line with the flow.The slips on the south side of the launch should provide less
trash collection and make a softer launch and take out during periods of higher water velocity in the
Cashie River. In order to provide kayak and canoe maneuvering room on the launch platform,the
REMUD
APR 0 8 2014
rotation of the launch was necessary.The size of the platform did not change.There is a manufacturer's
requirement to have a minimum clearance from the bottom of the loaded launch to the ground at the
low water elevation.That requirement fixes the front face of the launch. We have the FEMA Floodplain
study input data from NCDEM.We input the data and ran the effective base flood routine to verify it
was correct with the published FIS report. We had determined the width of the river from the top of the
bank on the west side to the apparent east limits based on tree canopy and tree base locations.That
would be the minimum absolute un-obstructed width across the river.We showed on the plans a width
of 166 feet more or less.That is the dimension we used to verify the 25%rule.The actual surveyed cross
sections are attached for locations near the site. The cross sections show a width at the site of 181 feet
and an extension into the river of 38.4 feet from the top of the west bank which is 21%of the available
width.
Normally when we apply for a CAMA permit or modification,we would have gone through all the design
considerations prior to submittal.The Town of Windsor needed a grant to help with the construction of
the facility and their best effort was utilized to secure the permit modification in order to secure the
grant. The modifications proposed are simply the result of having secured more field data in the design
phase and applying the rules of the Regulatory Agencies to the actual conditions along with assembling
a design team that contributed solid ideas to make the facility more users friendly. We do not foresee
any need for additional changes beyond the modifications to be in compliance with the spirit of the
original permit modification.
RECENED
APR 0 8 2014
�N of W/ND
TOWN OF WINDSOR MAYOR
James F. Hoggard
Windsor, North Carolina 27983
COMMISSIONERS
Bobby N.Brown
�Yp Cathy Wilson
�y-oFj'o nAR0�`N Lawrence Carter.Jr.
Joe Alexander
128 South Bing Street David Overton
Post Office Box 508
(262)794-3121 TOWN ADMINISTRATOR
(262)794-2331 L.Allen Castelloe
(252)794.5909(fax)
www.windsornc.com
March 31,2014
I,James F. Hoggard, Mayor for Town of Windsor,on behalf of the Windsor Board of
Commissioners, authorize Sam Jarvis, PE and Caroline Copeland as our authorized agent to
request a permit modification for Town of Windsor River Center Kayak Launch facility. The
existing authorized permit number is 150-05.
If you have any questions, or need anything further, please contact me or Town Administrator
Allen Castelloe at 252-794-2331.
Sincerely,
lames F. Hoggard
Mayor
DCM
APR 0 2 2014
RECEIVED , (�
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APR 0 g 2nt4 A I
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Govoni, Daniel
From: Dunn, Maria T.
Sent: Monday, April 14, 2014 9:59 AM
To: Govoni, Daniel
Cc: Moye, David
Subject: Town of Windsor, Bertie Co., 150-05 Mod
Daniel,
I have reviewed the proposed permit modification requested by the Town to construct a kayak launching/staging area
near the existing access area. NCWRC does not believe the project will have significant impacts to navigation, wildlife
resources, nor should it interfere with and create a conflict with a proposed fishing pier the NCWRC is planning to
construct upstream the site.
Thank you for the opportunity to comment on this permit modification. If you have additional comments or questions,
please call.
Maria
Maria T.Dunn
Habitat Conservation Program.
North Carolina Wildlife Resources Commission
943 Washington Square Mall,Washington,NC 27889
(252)948-3916 / www.ncwildlife.or&
Get NC Wildlife Update -- news including season dates, bag limits, legislative updates and more --delivered to your Inbox
from the N.C.Wildlife Resources Commission
Snail correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties.
1
Govoni, Daniel
From: Scarbraugh, Anthony
Sent: Tuesday, April 08, 2014 5:35 AM
To: Huggett, Doug
Cc: Govoni, Daniel; Moye, David; Tankard, Robert
Subject: Comments on Modification to Town of Windsor, CAMA Permit No. 150-05
Mr. H uggett,
The Division of Water Resources has no objection to the proposed modification received by this Office on April 7, 2014.
Anthony Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources—Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
(252) 948-3924
****************************************************************************
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statue or other regulation.
****************************************************************************
1
Govoni, Daniel
From: Hart, Kevin
Sent: Monday, April 07, 2014 9:30 AM
To: Govoni, Daniel '
Cc: Huggett, Doug
Subject: Permit cover sheets- HAtteras Electric and Windsor Modification
Attachments: Hatteras electric.pdf
Daniel,
No comment on Hatteras Electric.
I'm OK with the Windsor Modification as long as all of the original permit conditions are kept for the modification.
Kevin
Kevin Hart
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington,NC 27889
252-948-3950
PLEASE NOTE NEW PHONE NUMBER.
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by statute or other regulation.
Please visit www.nccoastalmanagement.net to subscribe to
Coastal Management's quarterly newsletter,the CAMAgram.
1
Bertie County--Register of Deed.
Belinda s. White, Register of Deeds
Instw19649 Book 874 Page 392
1 P93: 4 09/27/2007 02:53:15pm
Excise Tax Paid $ 500.00 P-A
This certifies that there are no delinquent ad valorem real estate taxes,which the Berne County Tax Collector is charged with collecting that
are alien on: PN#6802.71.7760 Bertie County Office of land Records. This is not a Certification that the PIN p mauhes the deed
description. ) p
Tax Collector / Date
Mailing address: Town of Windsor, Post Office Box 508,Windsor, NC 27983
Prepared by: M. Braxton Gillam III,Gillam and Gillam,Attorneys,Windsor, NC
NORTH CAROLINA
BERTIE COUNTY
THIS DEED made this 19th day of September, 2007, by Stephen C. Jilcott
and Beverly B. Jilcott, his wife, of Bertie County, North Carolina, and Stanley L.
Thompson and Sharon L. Thompson, his wife, of Bertie County, North Carolina,
parties of the first part, to the Town of Windsor, a municipal corporation
organized and existing under the laws of the State of North Carolina, whose
address is Post Office Box 508, Windsor, North Carolina 27983, party of the
second part,
WITNESSETH that the parties of the first part in consideration of the sum
of$10.00 and other consideration to them paid by the party of the second part,
the receipt of which is hereby acknowledged, have bargained and sold and by
these presents do grant, bargain, sell, and convey unto the party of the second
APR 0 S Z014
DCM-MFID CITY
Inst#19649 Book 974 Paqe: 393
2
part and its successors and assigns, that certain lot or parcel of land situate in
the Town of Windsor, Bertie County, North Carolina, which is more particularly
described as follows:
That certain tract or parcel of land situate in the Town of
Windsor, Bertie County, North Carolina, consisting and composed
of Tract 1, containing 3.97 acres, more or less, and Tract 2,
containing 1.30 acres, more or less, as shown on the map entitled
Survey For Town of Windsor, dated March 14, 2007, revised and
updated April 10, 2007, and prepared by Mark D. Pruden,
Professional Land Surveyor, which map is of record in Plat Cabinet
C,page I67 , in the office of the register of Deeds of Bertie County
and incorporated herein by reference.
This tract is part of the larger tract conveyed by Pioneer
Southern, Inc., to Stephen C. ]ilcott and Stanley L. Thompson by
deed dated March 30, 1990, and of record in Book 680, page 339,
in the office of the Register of Deeds of Bertie County.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land together with
all privileges and appurtenances thereto belonging, unto it, the party of the
second part, and its successors and assigns, to their only use and behoof in fee
simple forever.
And the parties of the first part, for themselves and their heirs, executors,
and administrators, covenant with the party of the second part and its
successors and assigns,that they are seized of the aforesaid lot or parcel of land
in fee and have the right to convey the same in fee simple, that the same is free
and clear from all encumbrances, and that they do hereby forever warrant and
will forever defend the title to the same against the lawful claims of all persons
whomsoever.
RECEIVED
APR 0 8 20%
DCM-M M Crry
Inst#19649 Book 874 Page: 394
3
IN TESTIMONY WHEREOF the parties of the first part has hereunto set
their hands and seals the day and year first above written.
(SEAL)
S ephen C Icon
(SEAL)
Begerly B.Jilcott
(SEAL)
Stanley L.Thompson
lls� L�(SEAL)
Sharon L.Thompson
NORTH CAROLINA
BERTIE COUNTY
I, 7bentsc N. Slmmu)s a Notary Public, do hereby certify that
Stephen C. Jilcott and Beverly B. Jilcott, his wife, personally appeared before me
this day and acknowledged the due execution of the foregoing and annexed
deed of conveyance.
Al
fell,,,,_Witness my hand and official seal this �1- day of Se, Itmber 2007.
S�al.f�A
! Notary Public
>P119,•••, S%' n expires:
f
APR 0 8 2014
DM-M D MY
Inatw19649 Book 874 Page: 395
4
NORTH CAROLINA
BERTIE COUNTY
I, -ben6C u. &mmon5 , a Notary Public, do hereby certify that
Stanley L. Thompson and Sharon L. Thompson, his wife, personally appeared
before me this day and acknowledged the due execution of the foregoing and
annexed deed of conveyance.
Witness my hand and official seal thisa'l+ day of s 2007.
Notary Public
!0�► Ym4si xpires:
RECERW
APR 0 8 2014
DCM-MHD CITY