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
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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. —•—
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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