Loading...
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/ g >� 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#: r"T S ;= 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 DCM=MIM Cffy R• T,r M 1 _ •� {f _ l .�,p t.f'� .4 �(':11�. iL ..1. ... •:{) ! ".-,.. { 4 _... Sr f.y� ..l;ti:. �i,ri.:r4i �� d�1,»><+�i�. ? Lr t ... ..' �) .€1tJt:� :`. '•!•pD 'S .`q �' _..i.C:; r °.�f� r'+f i. :.� W tip'YK 1. :r'•,N YAM CJ U it.. Ist'"k•.,'l.,,i 1910H 1,.-�'ti ),..^J?f..,..•..f' r` �; •`• t ���%` }.. only, ..r . ;•.^ o: . . ->• .! rp: i 1;:. d;..,)^'i �1..!'.;..... ...k ._.`kl/J � ^•r r,'•{':,;?. ty a• �: 'lt� �t �.q i �;a� � » F...c.': !. lk,'':� .• yew }:'•iik' � ::� 11. ..)`4 f. � f' '.;"i Marl" �o ..1 .!. hs :i.,r. . :c t„'.(:� �fr.,'?i(;!^_:t,� ':a '�st'; a:" .w;'r,.'i',. �'7' D r_iA c;;•_.. `' R C i(! }iJ i+,"-!.,'. :�. ', .. .` �!; r7 i.•r.4 ....., �.)� ?; y�c ?r.( ;P�? �!i` 1 r ^Yi + $l�. p b.•I, .,l r•y1'• +y s; i >.f r t t.. _ rr, }r .��.t i', -�:. . ,,.,'?� (; _. �!"J' r:1.'}� i�'Z�, r. v+�• .�"(�t .. .. ''Fr�) ��w:..:E.' ��'�YS..+r)(")z>4. !`•r'. .. •i ry�•.!'�� ' .. , `�t')I'i;' .. ?` .`�l. ..'?�. .. ? .. ✓,�`J:s., {{.� P.•,:i'�! _ '.�f3i. .�k ! ..)a 1r_!• . ;lr, !are • , s-.. � ,��I iA�• �,it r' :?! ,,.. .t�' r. 3i, ...."i E• �:. ,;;'1\rd .�:. �:tl; 1 7l1':r,r�`�Yal.� x i. .i:=?�.r i ; ,1 I? .+:b �. 'F'`U''y :t'(3 (, r•. .... `?"�' ..:"•'.'.� k.. ;(. _��:}t f•.r J^ip"t: F`.; .., -Jy.:{'�.:� .•'i� i�.°i . �.i.• ,l ,•:'�f'..1� �?'•. t 1.. �' ..�.� �i:;S.j',�t�r a _ luau had '•i};= iJ ;I,'-, c 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 DM MHD CnT h gain qqv r ."m SAW 4.. 4• m l .. ?t.ik. rr`4_ '!'. IDS°!r (y j, 1. .. �L....C}a.. C.V`P.A.f . ii. .i..J~ ;_`,. ,� y' '��:M' .: ).. 6 �.. -r,. .. P :iOW:.3tjILJ ;G j,=_,.. .a'i.1., S TaI DCM 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 , (� l�� Y 1/� APR 0 g 2nt4 A I DCM mm rr y 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