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HomeMy WebLinkAbout157-03 Head, John Permit Class Permit Number NEW 157-03 _ STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission r Permit 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 John Head,PO Box 1460,Buxton,NC 27920 Authorizing development in Dare County at Pamlico Sound, 50148 Snug Harbor Drive, Frisco , as requested in the permittee's application dated.7/22/03, including_ attached workman drawing (1), dated 5/8/03 Thi' permit,issued on Novpmhpr 4, 2003 , is subject to compliance with the application(where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The alignment of the permitted bulkhead must 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 significant erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The bulkhead will not extend waterward more than 5 feet from the mean high water level at any point along its alignment at the time of construction. 3) The bulkhead must be constructed prior to any backfilling activities. (See attached sheets for.Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department % /l personnel when the project is inspected for compliance. v �/ nna D. Moffitt,Director Any maintenance work or project modification not covered 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 31,2006 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 RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary November 5,2003 Mr.John Head P.O.Box 1460 Buxton,NC 27920 Dear Mr.Head: 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 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 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, (111 Douglas V.Huggett Major Permits and Consistency Manager. Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF.COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John Head 2 LOCATION OF PROJECT SITE: Lot 266, 50148 Snug Harbor Drive, Brigands Bay Subdivision, Frisco, Dare County, man-made canal to the Pamlico Sound Photo Index - 2000: 173-2024, S 5; 1995: 172-1763, N 17 State Plane Coordinates, X: 3017000; Y: 546000; GPS C071817A 3. INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 18, 2003 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received Complete - July 28, 2003 Office - Elizabeth City 6. SITE DESCRIPTION:. (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline, Coastal Wetlands C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - septic tank; Planned - none (F) . Type of Structures: Existing - residence & 8-ft by 5-ft pier Planned- 68-ft of shoreline bulkhead, and removal of existing pier (G) Estimated.Annual Rate of Erosion: 1.0 ft. Source - Applicant 7. HABITAT IMPACT DESCRIPTION: [AREA] EXCAVATED FILLED OTHER (A) Coastal Wetlands: 10-sf (B) Public Trust/Estuarine 200-sf, .005 A Waters (C) Upland / Coastal Shoreline 800-sf, .02 A (D) Total Area Disturbed: 1,000-sf., (.025A) (E) Primary Nursery Area: No (F) Water Classification: SA; Open: no 8. PROJECT SUMMARY: This project involves bulkhead shoreline stabilization construction along the shoreline of a developed lot in Brigands Bay Subdivision in Dare County, and the removal of an existing pier. John Head, Dare County FIELD INVESTIGATION REPORT Page 3 Project Description The applicant proposes to stabilize the entire shoreline of this lot with a wooden bulkhead structure, and connect to the existing return wall common with the Morris property. A similar return wall is proposed for the property line area between the Head and Cohoe properties. The applicant proposes to remove the existing small pier, and align this new bulkhead an average distance of 3-ft, and a maximum distance of 5-ft waterward of the NWL. The proposed bulkhead will be constructed of treated wood, and the tieback area will be backfilled with sand from an off- site source. According to the permit application, this bulkhead alignment will result in the placement of approximately 5-cy of fill material below the NWL. The overall land and water disturbance associated with the proposed shoreline stabilization, including wetland fill areas, and upland area tieback/backfill work, will be approximately an area 68-ft by 12-ft, about 800 sf. Approximately 10-sf.of this area currently consists of jurisdictional coastal wetlands. Anticipated Impacts The proposed bulkhead alignment will result in the filling of approximately 200-sf of Public Trust Area, as well as the filling and associated loss of about 10-sf of a Juncus coastal wetland fringe. The bulkhead structure, associated backfill, and grading activity associated with the bulkhead installation will result in approximately 1,000-sf of land and water disturbance within the Coastal Shoreline buffer and Estuarine Waters of the Pamlico Sound. The proposed shoreline stabilization and filling activity will result in an increase in turbidity levels, at least temporarily, along this portion of this waterway. The placement of a bulkhead structure would result in alteration, or loss of some shallow water habitat bottom adjacent to the existing shoreline. The proposed structure will reduce the subsidence/slough-off erosion that has occurred along this shoreline, and in turn, may reduce long-term turbidity associated with un- stabilized shorelines. An inspection of mapping data on cultural resources revealed that several archaeological, or cultural resource,findings had been recorded on the available maps in the vicinity of this project. A review of archaeological site data for this portion of Hatteras Island indicates that there are several cultural resource sites in the immediate vicinity of the Brigands Bay Subdivision, and are identified near or perhaps, on this or adjacent lots. It is important to note that these maps have not been updated in at least 10 years, and Hatteras Island has a rich heritage in cultural resources. The discovery of additional cultural or historical resources is possible. Submitted by: Dennis W. Hawthorn Date: August 5, 2003 Form DCM-,MP-1 APPLICATIONECEIVED CTo be completed by all applicants) UL 2 8 2003 COASTAL MANAGEMENT b. City, town, community o,lanF TX �Rlsco 1. APPLICANT c. Street address or secondary road number a. Landowner: l�f�it� /�Ej�p d. Is proposed work within city limits or planning Name jurisdiction? .� Yes No Address P,0, t??OX 1VG0 e. Name of body of water nearest project (e,g. river, City et/X7O- IJ State IJ6 creek, sound, bay) P,44161 eO 504-,Q-6 Zip 27�20 Day Phone 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: Name 6,4,<K f 9ICC a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address l� O•�4K S'�� CDNS7'R���T &4e4& 0 City 14yoN State NG Zip 2 7 7/.6- Day Phone Z52--995-5<</D3 b. Is the proposed activity maintenance of an existing project, new work, or both? _ N� Fax Z52' 995= c. Will the project be for public, private or commercial use? 1�RlV�7e,__ c. Project name (if any) d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE: Permdt will be issued in*name of mido"wr(s), andlor project. If more space is needed, please attach additional pages. 4E/LoS/eAl e.a TR_ L project name. LtX�.b d_S 70�M f��0?• :7�a T— A4 2. LOCATION OF PROPOSED PROJECT a. County ,V,44e Revised 03/95 Form DCAf-MP-1 JUL 2 8 2oo,3 COASTAL MA site. Include highway or secondary road (SR) HCl y numbers, landmarks, and the like. 6. CERTIFICATION AND PERNUSSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipt as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signin,3 this form, the applicant approved Coastal Management Program and 'will be further certifies that such noitice has been provided. conducted in a manner consistent with such program. Name /�e/2l;1,4,y I certify that I am authorized to grant, and do in fact, Address a o. eo x SZO grant permission to representatives of state and federal Phone FF2/SC41 A);, 27 43 h review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name EZ-2ii 0 Co, Ias permit application and follow,-up monitoring of the Address / 41S 1-11,6 1W,4.V ZQ2 project. Phone a/Y. A2 Sion- S7 2.2 1 further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone 1 This is the 2- day of SuLY , ?9� ZZV3 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name 6 Aoe/ f ee)e-E permittee, and issuing dates. Signature a Lmidowner or ALhorized Agent • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources Project. (DEHNR) to cover the costs of processing the ✓DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development • A signed AEC hazard notice for projects in DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each anachmeru'in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use 'of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03195 y DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: John Head County: Dare LOCATION OF PROJECT: Lot 266, 50148 Snug Harbor Drive,Brigands Bay Subidivision, Frisco, man- made canal to the Pamlico Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD: July 28, 2003 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Dennis Hawthorn DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ 400.00 PUBLIC NOTICE REC'D: END OF NOTICE DATE: `. ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: ✓ APPLICATION ASSIGNED TO: Cor5un ON: C) 75 DAY DEADLINE: i0111 1u3 150 DAY DEADLINE: 1021 oZ5�03 MAIL OUT DATE: `� I l��j STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: 9 as 4v 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 $ go[0,3 ✓ Land Quality Section 8 103 ✓ Division of Water Quality ✓ DLOGL 0 3 lol( Storm Water Management(DWQ) 9 $ 63 State Property Office 9131a3 Division of Archives &History I 0/_1 / Division of Environmental Health 9 15 jo:3 Division of Highways 9 15 " Wildlife Resources Commission 9 b D3 Division. of Water Resources q I�lb3 Division of Marine Fisheries Submerged Lands (DMF) N 0 4 &00'3 [D%2o GP 1I-M C`�'gO t�W P�Lf c� 9 17-ZCa3 Permit# 161-03 DCM Coordinator: �- MAILING DISTRIBUTIONII Permitee: �� aa Agent: Ga�2fk-A, DCM Field Offices: orehead Cit ' Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) aleigh Blan Wilmington: Dave Timpy(NCDOT) Henry Wicker Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson er uali e John Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: David McHe Bennett Wynne David Cox(NCDOT) Travis Wilson (NCDOT) FAXING DISTRIBUTION: Permitee at gyp` Agent at Nr DCM Field Offices: lizabeth City More a Ity Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlec e(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) Henry Wicker F W ATF Michael F.Easley,Governor \O�0 RpG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Uj Alan W.Klimek,P.E.Director ] Division of Water Quality 0 Coleen H.Sullins,Deputy Director Division of Water Quality DIVISION OF WATER QUALITY RELIEVE® September 4, 2003 . SFP 8 2003 Mr Johri Head 01Y.OF00ASTALMANAGEM P..O. Box 1460 RALOGH Buxton, NC 27920 Subject: CAMA/Stormwater Review SW7030801 Bulkhead Project Dare County Dear Mr. Head: The Washington Regional Office received a copy of your CAMA application for your proposed bulkhead project located at 50148 Snug Harbor Drive in Frisco, NC on August 18, 2003. 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 NCA.0 2H. 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 Mr. Roger Thorpe at (252) 946-6481, extension 214. Sincerely, -Jim ulligan Water Quality Regional Supervisor Washington Regional Office cc: V1oug Huggett, DCM - Raleigh Washington Regional Office Central Files NCDENP, N.C.Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946-9215 RECEIVED --�- NCDENR 5EP 3 2003 North Carolina Department of Environment and Natural Resources 01V.0FC®A6T MA 6FMFN Division of Coastal Management Michael F.Easley,Govemor Donna D.Moffitt, Director William G.Ross Jr.,Secretary August 15,2003 MEMORANDUM TO: Mr.Joseph H.Henderson, Director AUG 1 9 2001 State Property Office Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JOHN HEAD-*_ PROJECT LOCATION: LOT 266, 50148 SNUG HARBOR DR., BRIGANDS BAY SD, FRISCO,DARE PROPOSED PROJECT: BULKHEAD ENTIRE SHORELINE,REMOVE EXISTING PIER Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is 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. This agency objects to the project for reasons described in the attached comments. SIGNED 1!a LhDATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper y i s NCDENR North Carolina Department of Environment and Natural Resources . Division of Coastal Management Michael F. Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 13, 2003 MEMORANDUM: [rD TO: Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries AUG 1 8 2003 f FROM: Doug Huggett Major Permits Processing Coordinator � s t om-H1,lam:6 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Head Project Location: Lot.266, 50148 Snug Harbor Drive, Brigands Bay Subdivision, Frisco, Dare County, man-made canal to the Pamlico Sound Proposed Project: This project involves bulkhead shoreline stabilization construction along the shoreline of a developed lot in Brigands Bay Subdivision in Dare County, and the removal of an existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by'September 3, 2001 'If you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: L,"" This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc,us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper RECEIVED vp MCDENR LXV OFOOAsrAcMIaNAWAI North Carolina Department of Environment and Natural Resources RALINGIN Division of Coastal Management Michael F.Easley,Governor Donna D.Moffitt, Director William G.Ross Jr.,Secretary August 15,2003 MEMORANDUM D TO: Mike Kelly, Acting Director ff ;p Division of Environmental Health FROM: Doug Huggett SH�cLFss�SgN1,_r' Major Permits Processing Coordinator o�j -- t SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: dOHN HEAD PROJECT LOCATION: LOT 266, 50148 SNUG HARBOR DR., BRIGANDS BAY SD, FRISCO,DARE PROPOSED PROJECT: BULKHEAD ENTIRE SHORELINE,REMOVE EXISTING PIER Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is 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. This agency objects to the project for reasons described in the attached comments. SIGNED C% v� ')?v�jt.e K t DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: htt0://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 13, 2003 MEMORANDUM: TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Head Project Location: Lot 266, 50148 Snug Harbor Drive; Brigands Bay Subdivision, Frisco, Dare County, man-made canal to the Pamlico Sound Proposed Project: This project involves bulkhead shoreline stabilization construction along the shoreline of a developed lot in Brigands Bay Subdivision in Dare County, and the removal of an existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 3, 2003. If you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. !,---This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED L!? l�G� DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper SeP 5J RECEIVED NCDENR SEP 5 2003 North Carolina Department of Environment and Natural Resources ► lUFC®ASTALMANAGEiVI� Division of Coastal Management RALNaH Michael F.Easley,Governor Donna D.Moffitt, Director - William G.Ross Jr.,Secretary August 15,2003 MEMORANDUM TO: David McHenry Wildlife Resources Commission N ATT AUG N: Habitat Conservation Program m � FROM: Doug Huggett Conservatlr n Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW 8�9 �2 APPLICANT: JOHN HEAD PROJECT LOCATION: LOT 266, 50148 SNUG HARBOR DR., BRIGANDS BAY SD, FRISCO,DARE COUNTY PROPOSED PROJECT: BULKHEAD SHORELINE,REMOVE EXISTING PIER Please,indicate below your agency's position or viewpoint on the proposed project and return this form by September 5. If you have any questions regarding the proposed project, please contact . Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY :2�s agency has no objection to the project as proposed. This agency has no comment on the proposed project.. This agency appro es of the project, only if the recommended changes are incorporated. /This agency o.'e is to a project for reasons described inrthe attached comments. SIG D DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 91.9-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer.—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D.Moffitt, Director William G.Ross Jr.,Secretary August 15,2003 MEMORANDUM TO: Mr.John Sutherland, Chief Water Planning Section Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JOHNHEAD PROJECT LOCATION: LOT 266, 50148 SNUG HARBOR DR., BRIGANDS BAY SD, FRISCO,DARE PROPOSED PROJECT: BULKHEAD ENTIRE SHORELINE,REMOVE EXISTING PIER Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper ��- OCT 0 9 2003 NCDENR North Carolina Department of Environment and Natural Res VERED g� � � � Division of Coastal Management Michael F. Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 13, 2003 MEMORANDUM: 031 AUG 1 4 ?00 3 TO: Mr. John R. Dorney �� �� Environmental Biological Supervisor QUALISECTION Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: .t'ohn Head. Project Location: Lot 266,, 50148 Snug Harbor Drive, Brigands Bay Subdivision, Frisco, Dare County, man-made canal to the Pamlico Sound Proposed Project: This project involves bulkhead shoreline stabilization construction along the shoreline of a developed lot in Brigands Bay Subdivision in Dare County, and the removal of an existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 3-,_2003 2 If you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252) 264-3901; When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has'no objection to the project as proposed. This agency has no comment on the proposed.project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the ,project for reasons described in the attached comments. SIG DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc,us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper FAUG 1 P_VV OCT 0 7 2003 NCDENR T0RJ0"' A-WA 0 WE ��.®FCOA9TALA AGNW.ih Carolina Department of Environment and Natural Resource' Division of Coastal Management _A Michael F.Easley,Governor Donna D.Moffitt, Director William G.Ross Jr.,Secretary August 15,2003 9-0 J 21 . MEMORANDUM TO: Ms. Renee Gledhill-Early,Director l'T Division of Cultural Resources Archives &History Building / FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: O HNAIEA PROJECT LOCATION: LOT 266, 50148 SNUG HARBOR DR., BRIGANDS BAY SD, FRISCO,DARE PROPOSED PROJECT: BULKHEAD ENTIRE SHORELINE,REMOVE EXISTING PIER Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE �� J U . 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AUG 2 0 2003 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D.Moffitt, Director William G.Ross Jr.,Secretary August 15,2003 MEMORANDUM TO: Mr. Roberto Canales SEP 15 2003 State Construction/Materials Branch 0W-®FC0AST4 Division of Highways vr�gANAGEj f ,_ R ALE GH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JOIiN HEAD_ . PROJECT LOCATION: LOT 266, 50148 SNUG HARBOR DR., BRIGANDS BAY SD, FRISCO,DARE PROPOSED PROJECT: BULKHEAD ENTIRE SHORELINE,REMOVE EXISTING PIER Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is 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. This agency objects to the project for reasons described in the attached comments. SIGNED_ J��4DATE l-l) -62 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper i NCDENR North Carolina Department-of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary MEMORANDUM TO : Doug Huggett THROUGH : Ted Sampson FROM : Dennis W. Hawthorn DATE : August 5, 2003 SUBJECT John Head CAMA Major Permit Recommendations This permit application involves the construction of bulkhead shoreline stabilization along a man-made canal located in the Village of Frisco, on Hatteras Island. According to standards in Title 15A, N. C. Administrative Code .(NCAC), Section 7H .0207, bulkheads are considered water dependent structures, and their uses have been found to be acceptable within Public Trust Areas. Shoreline stabilization structures have also been found to be consistent with the Division's current buffer rules. This proposal specifically concerns the construction of 68-1f of bulkhead as shoreline stabilization along a man-made canal. A site visit confirmed the existence of shoreline erosion along portions of this shoreline. The proposed alignment will extend an average of 3-ft and maximum of 5-ft beyond the NWL (normal water level). This alignment will result in the filling of approximately 200-sf of Public Trust Area, and the loss of approximately 10-sf of a Juncus roemerianus, coastal wetland fringe located along this shoreline. Based upon 7H .0208(b)(7), bulkheads shall not be constructed waterward of significant marshlands, or marsh grass fringes. According to 7H .0205 (d), existing Coastal Wetlands shall be afforded the highest priority of conservation, and second priority shall be given to those types of development which provide water access and cannot function elsewhere. Therefore,we must determine if the existing wetland fringe is significant. A wetland fringe might be considered significant if it is large enough to provide a food or habitat source for wildlife,has a vast enough root system to dissipate wave energy to provide shoreline stabilization benefits, receives enough regular/irregular flooding to provide nutrient exchange, or stabilizes or prevents contaminants or runoff from direct discharge to the adjacent waters in the vicinity of this project. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Doug Huggett Page 2 John Head CAMA Major Permit Recommendations August 5, 2003 In considering the above,the existing wetland fringe is intermittent, and so small that it will provide little, or none of those benefits associated with significant wetland fringes. An inspection of mapping data on cultural resources revealed that several archaeological, or cultural resource findings in the vicinity of this project have been recorded on the available maps. It is important to note that these maps have not been updated in at least 10 years, and Hatteras Island has a rich heritage in cultural resources. There is potential for the discovery of cultural, or historical resources in the project vicinity. In regard to these findings, I have no objection to the proposed development so long as the following conditions and Note are incorporated in the subject permit. 1] Prior to the start of construction, the Permittee shall schedule and coordinate a pre- construction conference, which will include DCM staff. The approved bulkhead alignment shall be staked within 30 days prior to the start of bulkhead construction, and this alignment shall be consistent with the submitted application plat work dated March 13, 2003 and received by the Elizabeth City Office on May 14, 2003. 2] No work, structures, excavation or fill materials will be placed at the work site or in any waters or wetlands, other than that work indicated on the above referenced application and associated platwork. The bulkhead structure will be constructed prior to any filling activity, shall be structurally tight, and shall be consistent with the approved, referenced platwork. Fill material must be free from debris or pollutants, and obtained from an upland source. 3] This permit does not authorize any shallow water bottom excavation beyond the approved bulkhead alignment, or within any Estuarine or Public Trust Area Waters. Any excavation beyond the authorized bulkhead alignment will require additional Division of Coastal Management authorization. NOTE Any future development on the permittee's property, other than that work authorized in this permit,may require modification of this permit or the issuance of a separate CAMA Permit. CC Raleigh Bland, US Army Corps of Engineers DCM% DWQ Development Type FEE (14300 1601,435100093 1625(32531 f24 300 1 602 4351 00095 2341 I. Private,non-commercial 100°"0(S250) 0%(50) development that does not Involve S250 the filling or excavation of any wetlands or open water areas: IL Public or commercial development 100%($400) 0%(SO) that does not involve the filling or 5400 excavation of any wetlands or open water areas: Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B.C,or D below applies: III(A). For Private,non-commercial development,If General water Quality 5250 100%($250) 0%(50) Certification No-3301 (see attached) can be applied: nip): For public or commercial 0%(SO) development,If General water Quality $400. 100%(S400) Certification No.3301 (see attached) can be applied: Ill(C). If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff 60%(S240) 40%(S160) determined that additional review and $400 written DWQ concurrence Is needed because of concerns related to water quality or aquatic life: III(D), If General Water Quality 5400 50%(S240) 40%(S160) Certification No.3301(see attached) can not be applied: IV. For development that involves 40%.(5190) the filling and/or excavation of more 5475 60%(S285) than one acre of wetlands and/or open water areas: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 13, 2003 Coastland Times Legal Advertisement Section P.O. Box 488 Manteo, NC 27954 Re: Public Notice - John Head Project Dear Sir: Please publish the attached Notice in the Tuesday, August 19,2003, issue of the Coastland Times. The State Office of Budget and Management requires an original Affidavit foPuboli Publication published r to payment for newspaper advertising. Please send the affidavit, an original PY notice, and an original invoice to Jaye Poole,NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your as in this matter. If you should have any questions,please contact me at our Elizabeth City office. Sincerely, Ted Sampson District Manager TS/dc Enclosure cc: WDoupli ggefc--3 File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer 50%Recycled 110%Post consumer Paper C zz, `:S E c. -F er' NCDENR r o/023 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 13, 2003 OCT 2 4 2003 Mr. Gary Price P.O. Box 591 31NAMAWALMMSEMEN. Avon, NC 27915 Dear Mr. Price: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of Mr. John He_ad_'s property located at Lot 266, 50148 Snug Harbor Drive, Brigands Bay Subdivision, Frisco, Dare County,man-made canal to the Pamlico Sound. It was received on July 28, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 11, 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. 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. 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. 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, Dennis Hawthorn Coastal Management Representative DH/kh Enclosure cc: �tDoug Haggett-- Pemmit Coordinaor,mDCM—� Ted Sampson- District Manager, DCM John Head 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper CERTIFIED MAIL RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION Name of Individual Applying for Permit: .70/W/ /-1C4/5 Address of Property: So/y8 6/z/ue 1/-42go 2 'b2. k:7-1?ls ee.� e (Lot or Street#, Street-or Road,City&County) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A drawing showing the development is attached to this letter. I have no objection 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 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail, Signature Date Print Name Telephone Number with Area Code RECEIVED UUL COASTAL E �N� LIZABETH CITY SECTIONSENDER: COMPLETE THIS ■ Complete items 1,2,and 3.Also complete A. rved by(PI a Print Cleari B. Date of Deliver Item 4 if Restricted Delivery is desired. " _ 31Q ■ Print your name and address on the reverse so that we can return the card to you. C. Sig r ■ Attach this card to the back of the mailpiece, X ❑Agent • or on the front if space permits. D. ❑Addresse • 1. Article Addressed to: Is delivery address different from item 1? es If YES,enter delivery address below: ❑No ,Luse M �, �'d y!ee ldre-y zd� A /2y0V 69 3. S��ery Type 11a'Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandis ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2..Article l 7002 3150 0002 1580 2132 PS Form 3811,July 1999 Domestic Return Receipt 102595.00-M-0952 SENDER: • •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A.aceived by'(Please Print Clearly) B. Date of Deliver item 4 if Restricted Delivery is desired. A,-J tl 912 f S Z^ ■ Print your name and address on the reverse C. Signature so that we can return the card to you. ■ Attach thi&dard`f8 Abe,back of the mailpiece, X ❑Agent or on the;front if space permits. Addresser D. Is delivery a dress different from i ern 1? Yes 1. Article Addressed to: If YES,enter delivery address below: 'XzNo P.d r6aK,S20 3. Service Type d: / / certified Mail ❑ Express Mail 2,,-2 9 ❑Registered ElReturn Receipt for Merchandise . ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes .2. _.- 7002 3150 0002 1580 2149 PS Form 3811,July 1999 Domestic Return Receipt 102595.00-M-0952 JUL. 24. 2003 c:11AM h.LDiEAWSP=NCEF:_T�'fkl, N0. 529 P. ?r4 Pkiae serous 1405 Pages 435 see kds 00080a 06120f2407 MOM Reselat W. 60030 Co.cbd'b: OaID t4 twisa Tex ads $301.03 IPoI3R4R M MY, Ra01aTEV OF 0101 D RR CO. He I IN�I VINI�III {191NI III IIQCI 1111141 IN IIIQI Nf I IQII °N�n2M 05:MR REAL ESTATE DARE TRANSFER TAX APPROVED c.otl�"t'Yi:.�.• ... DARE COUNTY TAX � —` COLLECTOR, ;� 1� _ �" ►!!.rif NOR'111 CAROLINA GRICIRA1L IVAIRRANrY DZED Exdisa Tmu S 3�i•ao pamelIdcfierNo. Yerifiedby~ _Covatyontbo�dayof 1.0_ By. —•— MaillBax 1e; CtuisWpher L Seawe Aldri 0.Seawek 3E11ce-Fe ousen,L 0 North am wy, teo, kishv�at,vas �by' Aldrid3q Seawcil, Speacc dt Felrhousect,LLP,805 North Main Hwy,Mantoo,NC 29954 ThbBrief description far the Irtdoxl LT 266 gjQ" M 8A.X• ,MS DEED mode tl>ig 14th dgy of.. MaY 20L�T3,by-d between GRANTEE William A.Kiiloh,unmanied John F.Head,Jr.amdwife Julia 0.Head P.O.Box 549 Frisco,NC 27936 The designation Grantor and t3mft as used hernia sh4 fmtvdc said psutkes,thekr Mrs,successors,and assigns,and aba11 imiude qin u ,pl m,: raaratltne,immutae cr neuter as required by enat=t WITNBSSBTA tint t6c Grantor,tbt a valuable co sidcradompaid by the arantoe,the receipt of which is hereby scimowledget,has and by i&=presents does grtmt,bargtiut,sell and cattvey=0 the Grnntee isfne sfrngle,allthat certainrotorparcel oflaadsiwwad in the city Of Frisco Mderas —.—TowmhiA Aare County,North Catolbaandmoro pardcularly desrnbed as follows: ./See smmehed Exhtbkt"A" The property hem cabm dcsm*ed was tuxp rcd by U mtm by nrsuttmcnt recorded in Book 340 page 588 A map showing the above desc=Ud FropcM is zmcirded in Plat Book;_ 3 page 2 NC Bat Aswiat m Foam No.L-3 0 1976,RevNed 0 1977,2002 HOW by AgmcwAcxt with dse NC B u Asmclotlan-1901 igoff-a Cmporation,333 B.Svc Forks Rd.,Raleigh,NC 27609 RECEIVED UL 2 S 2003 COASTAL MANAGEMENT ELIZABETH CITY JUL. 24. 2003 8:12AM ALHEAWSPENCEFEiTEOU' NO, 529 P. 4/4 MIBIT. ' ' All that certain parcel of land lying and being In tho Village of Frisco,Hatteras Township,Dere County,North Carolina, and known as,designated and being Lot No.260,of the subdivision known as"Brigand's Bay,Hatteras Township, Frisco,Clare County.North Carolina",dated April 14,1966,„nd June 7,1966,made by John J.Duffy,Registered E3ngineer,said map or plat being duly recorded Map gook 3,Page 2,Public Registry of Dare County,North Carolina. a I IIINI 1111�11111119111911 [II NIII1 III II(II IIN IIII ftMOM i$:'S of o7Pn OUL 2 COASTAL MAN e.C:�- ELIZASETH i,,j ,r " 17e77.12 50140 Snug Harbor Nve,FMCO.NC 2794a