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HomeMy WebLinkAbout20000504 Ver 1_COMPLETE FILE_20000405Attachment cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Doug Huggett, DCM .khn Dorney Central Files 000504 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director A N15VA 'T 0 D E N R April 27, 2000 DWQ# 00-0504 Dare County Lynn McManus 270 Bizzell Braswell Road Princeton, NC, 27569 APPROVAL of 401 Water Quality Certification Dear Mr. McManus: Yol!i have our approval, in accordance with the attached conditions, to dredge and fill 0.02 acre of wetlands and shallow water habitat in order to construct a bulkhead on your property in Dare County as described in your application dated 5 April 2000. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3112. This Certification allows to use your CAMA Permit when the NC Division of Coastal Management issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. 4 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Sincerely, Non-Discharge Branch 1621 Mail Service Cer Telephone 919-733-1786 17 North Carolina 27699-1621 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/1 0% post consumer paper MEMORANDUM TO: John Dorney Regional Contact: Brad Shaver Non-Discharge Branch WO Supervisor: Boger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Lynn McManus Project Number 00 0504 Recvd From DCM Received Date 415100 Project Type bulkhead Recvd By Region 417/2000 County Dare County2 Region Washington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. - CAMA O Y O N F__ 29-(40.5) SA 30,307. 0.02 F r- ?- r Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O YO N Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y 0 N Is Mitigation required? O Y 0 N Provided by Region: Latitude (ddmmss) Recommendation: OQ Issue O Issue/fond O Deny Longitude (ddmmss) Comments: The bulkhead alignment connects from the east to an existing bulkhead and runs parrallel to the shorleine. The average waterward extent of the bulkhead is 4 feet. The imposed excavation allows for the applicant to place a boat house on the water's edge, cc: Regional Office Page Number 1 Central Office NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT NCDENt lei IR JAMES B. HUNTJR. April 4, 2000 _ GOVERNOR R ??•~ ' '? ''rATER?IIY?SECT GP'K MEMORANDUM: TO: John R. Dorney, Environmental Biological Supervisor WAYNE IVICDE"ITT Division of Water Quality SECRETARY FROM: Doug Huggett 1000504 Major Permits Processing Coordinator DONNA D. MOFFITT DIRECTOR SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Lynn McManus Project Location: Lot 185, Freebooter Court (SR 1426) Brigand's Bay Subdivision, Frisco, Dare County, adjacent to a man-made canal off Pamlico Sound. Proposed Project: Construct 70 feet of canal shoreline bulkhead and a boathouse with finger pier and to excavate a portion of the canal adjacent to her property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 25, 2000. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE ELIZABETH CITY OFFICE 1367 U.S. 17 SOUTH ELIZABETH CITY, NC 27909 PHONE 252-264-3901 FAX 252-264-3723 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Lynn McManus 2. LOCATION OF PROJECT SITE: Lot 185, Freebooter Court (SR-1426) Brigand's Bay Subdivision, Frisco, Dare County, adjacent to a man-made canal off Pamlico Sound Photo Index - 1995:172-1763 (J-6) 1989: 5199-7 (K-11) 1984: 145-390 (E-19) 1978: 90-1369 (M-10) State Plane Coordinates - X: 3017100 Y: 568350 (Buxton Quad, LL) 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 14 March 2000 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 30 March 2000 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation Y„ (B) AEC(s) Involved: CW, EW, EW, PTA Water Dependent: Yes (D) Intended Use: Private, Residential (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing - None Planned - Bulkhead. Boathouse. Finger Pier (G) Estimated Annual Rate of Erosion: 1 foot Source - Applicant 7. HABITAT DESCRIPTION: , d [AREA] DRF.T)C'TF.T) FTT.T .Rn n'r'uFu (A) Vegetated Wetlands 1/ CW 100 square feet (B) Non-Vegetated Wetlands ? SHADED PTA, EW 1,330 square feet 280 square feet 3,760 square feet (C) Other ? ES 1,820 square feet (D) Total Area Disturbed: 3,530 square feet (.081 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Closed 8. PROJECT SUMMARY: The applicant proposes to construct 70 feet of canal shoreline bulkhead and a boathouse with finger pier and to excavate a portion of the canal adjacent to her property. Lynn McManus Field Investigation Report Page Two Site Description The applicant's property is a 8,400 square foot vacant lot located at #185 Freebooter Court (SR-1426), Brigands Bay Subdivision, Frisco Village, in Dare County and adjacent to a 100 foot wide man-made canal off Pamlico Sound. The lot has an elevation of approximately 4 feet above normal water level (NWL) and had mostly sandy soils. The lot has been cleared of nearly all vegetation except for the shoreline area. Adjacent property consists of lots of similar size with a single family dwelling and bulkhead on the property to the east. The property has a shoreline of approximately 70 feet along the canal. The shoreline is vegetated with Juncus roemerianus at the water line and along the existing canal bank which is approximately 2 feet above the NWL. The Juncus fringe varies from 1-2 feet in width at the water line. The water depths of the canal along the shoreline range from 0-1 feet and 6-8 feet along the center of the canal. No submerged aquatic vegetation was observed on the canal bottom adjacent to the site. The waters of the Pamlico Sound are classified as SA by the Division of Environmental Management and the area is closed to shellfish taking. Development Proposal In order to protect her property from erosion and flooding, the applicant proposes to construct a 70 foot long treated wooden bulkhead an average distance of 4 feet waterward of the existing shoreline and to place backfill material landward of the proposed bulkhead. The proposed bulkhead will connect with the existing bulkhead on the adjacent lot to the east and will have a straight alignment, parallel to the shoreline. The maximum distance waterward of the shoreline for the proposed bulkhead is 7 feet. In order to provide boating access along the shoreline, the applicant proposes to excavate a 70 foot long and 19 foot wide and -3 feet deep area of the canal adjacent to her property. The applicant proposes to place the excavated bottom material on her lot and use the material for backfill for the proposed bulkhead. After the proposed excavation has been completed, the applicant proposes to construct a 161/2' x 18' boathouse with a roof with a one foot overhang and a 4' x 16' finger pier coming off a side of the boathouse. The boathouse will include a boatlift. Anticipated Impacts The construction of the bulkhead along the proposed alignment will result in approximately 280 square feet of Public Trust Area and Estuarine Waters Areas of Environmental Concern (AECs) being filled and approximately 100 square feet of Coastal Wetlands AEC being filled. Approximately 6 cubic yards of fill material will be placed below the normal water level. The excavation of the canal will result in approximately 1,330 square feet of Public Trust Area - Estuarine Waters being disturbed and approximately 38 cubic yards of sand/silt bottom material being removed. The proposal to use the spoil material as backfill will result in approximately 1,820 square feet of Estuarine Shoreline AEC being filled by the spoil material. The construction of the boathouse and pier will shade approximately 3,760 square feet of PTA and EW Areas of Environmental Concern. Temporary water turbidity will occur during construction and bottom excavation. Submitted by: Frank A. Jennings, III Date: March 31, 2000 corm VUVI-MY-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT - F r i s c o a. Landowner: - c. Street address or secondary road number Lot185, Brigands Bay/ Freebooter Name Lynn McManus Address270 Bizzel Braswell Rd. City Princeton, State NC Zip2756i4 Day Phone 919-965-5529 Fax b. Authorized Agent: Name Gary Price Address P.O. Box 591 City Avon,_ State NC Zip 27915 Day Phone 252-995-4405 Fax 252-g95-558o c. Project name (if any) n / a NOTE: Fernif will be itmed in name of landowner(:), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare ?. Rerbed 03195 00 d. Is proposed work within city limits or planning jurisdiction? x Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pamlico sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Construct Bulkhead and Backfill Maintenance Dredging b. Is the proposed activity maintenance of an existing project, new work, or both? 'n__Pdgyn g i s maintenance / Bulkhead is new work c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of . proposed project. If more space is needed, please attach additional pages. Purpose of project is s orline stabilization; storm pro- tection; and adequate•mooring in my adjacent ripar!an waters. Th- o 6utur J,g_t-of the improved waterfront prop ert is residential dwellin and private mooring. The work wi e done by met anical & manualTGor. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 8,400 s q. ft._ b. Size of individual lot(s) n/a c. Approximate elevation of tract above MHW or NWL 4.0' d. Soil type(s) and texture(s) -of tract sanri e. Vegetation on tract coastal wet' ands f. Man-made features now on tract none g. What is the CAMA Land Use Plan land classification of the site? (C nmdt She loan1 land,ue pian.) X Conservation Developed Rural Transitional Community Other :.. How is the tram zoned by local government? residential L Is the proposed project consistent with the applicable zoning? x Yes No omm U-na a ermfim., trapph--bi-) j. Has a professional archaeological assessment been done for the bract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes -_ No 1. Are there wetlands on the site? K Yes _ No -Coastal (marsh) x Other If yes, has a delineation been conducted? n/a Omch doawwwadon, tf aua"k) Reed 03/95 w in. Describe existing wastewater treatment facilities. none n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down' and residential discharges.) a„rfa?^p runoff o. Describe existing drinking water supply source. county 5. ADDITIONAL INFORMATION In addition to the completed application for;,:. the following items must be submitted: A copy of the deed (with state application oniv) or other instrument under which the applicant daises title to the affected properties. If the applicant is act .aiming to be the owner of said properry, men forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 112' by I1' white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCAi-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signin, this form, the applicant further certifies that such notice has been provided. Name Otto F. Horton, Jr. Address 1308 Hobbs R . , reens pftmel NC, 27410 Name Patrick V. V rr, ; Address P.O. Box 172, Phone West NyackV,- N-Y, 10994 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 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 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 6thday of Jan. ,4V2000 Print Name Gary Price Signature 4andoane- or A i 'd Agew Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment In the space provided at the bottom of each form. i Form DCM-MP-2 EXCAVATION AND -FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given In feet. Average Float Fwttd Project Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03/95 Length Width Depth Depth 70' 19' -1.5 -3.0' 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 30 b. Type of material to be excavated sand c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes x No d. Highground excavation in cubic yards none 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area on a rl ? a P n t l n t behind bulkhead & silt i;emt-e-, b. Dimensions of disposal area _ 261x 651 c. Do you claim title to disposal area? _ X Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? x Yes No If yes, where? on -, i t, P - e: Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? x Yes No f. Does the disposal include any area in the water? X Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 70 c. Average distance waterward of MHW or NWL 41 d. Maximum distance waterward of MHW or NWL 71 e. Shoreline erosion during preceding 12 months V, :'5m- of info-ma-1 T}' Pe of bulkhead or riprap materiai wocd • -mount of fill in cubic yards to be placed beiow water level 1) Itiprap (2) Bulkhead backfill o cu. vd h. Type of fill material sand i. Source of fill material _dredoe Spoil & upland off-site 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No Revised 03195 If Yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? a,- In e a d fence 5 • What type of zonstruction equipment will be uses (for acampie. iragline, oackhoe. or hvdrauiiz dredge)? ?acxnoe c. Will wetlands be cr5ssed in transporting equipment to project site? Yes x No If yes, expiain steps that will be taken to lessen environmental impacts. Lynn Mcmanus AppUmt or Project Name Signature 1/15/00 Date r s .` STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA e. Mooring buoys Major Permit, Form DCM-MP-1. Be sure to complete (1) Commercial Community Private all other sections of the Joint Application which relate (2) Number to this proposed project. (3) Description of buoy (color, inscription, size, anchor, etc) a. Dock(s) and/or Pier(s) (1) Commercial Community Private (2) Number (3) Length (4) Width (5) Finger Piers X Yes No (i) Number 1 (ii) Length 16' (iii) Width 4' (6) Platform(s) Yes No (i) Number (ii) Length (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) (1) Commercial X Private (2) Length 16.5' (3) Width 18' c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g.) wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands (4) Width of water body (5) Distance buoy)s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) Commercial Community X Private (2) Number 1 (3) Length 16.5' (4) Width 18' g. Other (Give complete description) Apocwt Lynn McManus ftnu mdAgent /-n tots- ? Due March 30, 2000 12/01/1996 23:49 2529955580 RANKIN SURVEYING PAGE 03 LEGEND O EXISTING CONCRETE MONUMENT O EXISTING IRON STAKE O PK NAIL ® UTILITY POLE • SETIRONSTAKE W WETUNDS ® BACKFILL t; ' . • `?',. N,q LOT 187 IS. lc It 4!r'?Q?f rr s rR I \ oq) LOT 186 1Ap •; YE,PT000/ / ? 8 ? ? LOT 185 \ 8,400.00 s(I ft Ilk .^? \ Ish, S6s&? FR FFBO ?''F ? ' O SO. d 30 20 1,0 0 30 60 PAMLICO SOUND TO SCALE LOT 184 unerOA( / / / / / LOT 183 / / POINT OF CURVATURE S//ffT /OF3 PROPOSED BULKHEAD & DREDGING PLAN FOR: Lynn McManus LOT 185 BRIGANDS' BAY FRISCO, NC 112/30/99 ownsbtlp County State ATTERAS DARE NORTH CAROLINA ate File Number .I.R.M. Zone Pin Number 11`17-1-7171 AF nr .,r„ , - 1" - 30' 1064/23 7.00' S-1 Recorded Reference ]to-rnmunlly/PaneVSuffix Aver , r IMB 3 PAGE 2 375348 0815 D 4.0' ?T? w?? A# 41/)ry4 ggrM FRISCO, R j .fir, 12101/1996 23:49 2529955580 RANKIN SURVEYING PAGE 04 LEGEND ? EXISTING CONCRETE MONUMENT O EXISTING IRON STAKE O PK NAIL ® LMLrIY POLE • SET IRON STAKE .'?. PROPOSED DREDGING NOT SHOWN FOR CLARITY LOT 187 / LOT 186 aRO?s ?1001 C'0 ??RFO tit -(We ?•? 71 ^?h lot ESTUARINE (9,400 78S SHORELINE 00 -19 /f LOT 184 R46 \ OTFR . covRT ' so"Nv d 30 20 10 0 30 60 , / / / , / / / LOT 183 / / ry .T6 j93 POLAR OF CURVATURE SmrL°T Z OF3 PROPOSED PIER PLAN FOR: LYNN MCMANUS LOT 185 BRIGANDS' BAY FRISCO, NC V hip County State TERAS DARE NORTH CAROLINA File Number .I.R.M. Zone Pin Number 0 99 18231D AE 05 051 6 07 68 9368 FB g Erase ood Elevation Zoning 30'064123 7.00' S-1 PAGE 2 1375348 0815 4.0' V J". y J'4f V y`•'w 1 k',? ... 'i 1?l.'. y ,. } fii.. dt j 4 :'J4•?:: '1 -. Jr .... ...ti._... __? ...... _.. _.. _s.t.u,,..,.....,,J.,..._ .....i4.:w.vws.Ay.A?:aw>. .. ..... ...w...?.w . 1.,,..,.1..... T:SG.?.4 ?.?r..L?U.M1.SbiC:.tt,.,?tS!.'.ofa!.?Y.'?:. iJ3G, u?.a..:k Ja?,;tiLa'S'???.61s;)1?. ?'v? •`r. 12/01/1996 23:49 2529955580 RANKIN SURVEYING PAGE 05 PROPOSED L0YMLSS M ,,or p _ 1h. MUL If J. RPOFOJF.0 'I I I I F?AkeX#LrJ.0 19' -1-- f__ 26' SPOIL AREA BA FIL _ , , ?yyt..... -- • • • - EXISTING GROUND -3.0' PROPOSED BULKHEAD ip SECTION A-A (n(s) RE141SED 31-WIM S,tAff r 3Qr3 PROPOSED SECTION VIEW LYNN MCMANUS LOT 85 BRIGANDS BAY FRISCO, NC Township HATTERAS County DARE State NORTH CAROLINA Date 12/30/99 File Number F.I.R.M. Zone Pin Number AE 05 0516 07 68 9368 Sca a F8/Pg Base F Elevation Zoning 7.0 S-1 Recorded Reference Community/Panel/Suffix Average Ground eve MB. 3, PG. 2 375348 0815 D 40 : E SILT FENCEI I - i i 2 3 4 5. DIVISION OF COASTAL M Vi EMENT FIELD INVESTIGATION RE]YORT APPLICANT'S NAME: Lynn McManus APR 2 7 2000 q LOCATION OF PROJECT SITE: Lot 185, Freeboofer C 411'Braand's Bay Subdivision, Frisco, Dare County, adjacent to a man-made canal off `Pa t E,TIP14 Photo Index - 1995:172-1763 (J-6) 1989: 5199-7 (K-11) 1984: 145-390 (E-19) 1978: 90-1369 (M-10) State Plane Coordinates X: 3017100 Y: 568350 (Buxton Quad, LL) INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Dates of Site Visit - 14 March 2000 Was Applicant Present - No PROCESSING PROCEDURE: Application Received - 30 March 2000 Office - Elizabeth City 000 ?Cy 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare Counrv Land Classification From LUP - Consen7ation (B) AEC(s) Involved: CW, EW. EW. PTA Water Dependent: Yes (D) Intended Use: Private, Residential (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing - -None Planned - Bulkhead. Boathouse. Finger Pier (G) Estimated Annual Rate of Erosion: 1 foot Source - Applicant 7. HABITAT DESCRIPTION: [AREA] T1RFT1r7pT) ITT T ICn lITTTT_TI - - - V 1 L LLl\ (A) Vegetated Wetlands CW 100 square feet (B) Non-Vegetated Wetlands SHADED PTA, EW 1,330 square feet 280 square feet 3,760 square feet (C) Other _L ES 1.820 square feet I 'I (D) Total Area Disturbed: 3,530 square feet (.081 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Closed 8. PROJECT SUMMARY: The applicant proposes to construct 70 feet of canal shoreline bulkhead and a boathouse with finger pier and to excavate a portion of the canal adjacent to her property. Form V CM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Lynn McManus b. City, town, community or landmark c. Street address or secondary road number Lot185, Brigands Bay/ Freebooter d. Is proposed work within city limits or planning jurisdiction? x Yes No e. Name of body of water nearest project Se g. river, creek, sound, bay) Pamlico soun Address270 Bizzel Braswell Rd. City Princeton, State NC Zip279L) Day Phone 919-965-5529 Fax b. Authorized Agent: Name Gary Price Address P.O. Box 591 City Avon, State NC Zip 27915 Day Phone 252-995-4405 Fax292-995-5580 c. Project name (if any) n / a NOTE: Permit will be issued in naive of lama w wr(q, and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare w Revised 0319S 00 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and 'excavation and/or filling activities. Construct Bulkhead and Backfill Maintenance Dredging b. Is the proposed activity maintenance of an existing project, new work, or both? 'n r P c3 c i n g is- maintenance / Bulkhead is new work c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of . proposed project. If more space is needed, please attach additional pages. Purpose of project is shorline stabilization; storm pro- tection; and adequate-mooring in my adjacent riparian wa ers. Thy butur 1w-2 of the improved waterfront prop ert is residential dwelling and Private mooring. The work wi e done by,met "iii niii & manna a or. Form DClli-MP-1 site. Include highway or secondary' road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signinq this form, the applicant further certifies that such notice has been provided. Name Otto F. Horton, Jr. Address 1308 Hobbs R . , reens , Phone: NC, 27410 Name Patrick V Vert„r-r-; Address P-O- Box 172, Phone West Nyack- iv.Y, 10994 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - I to 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 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 6thday of Jan. ,4tg2000 Print Name Gary P r i c e Signature_ -rand-= r AvtlsoriZrd Agau Please indicate attachments pertaining to your proposed project. x DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment to the space provided at the bottom of each form. e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? x Yes No f. Does the disposal include any area in the water? X Yes No 3.. SHORELINE STABILIZATION a. Type of shoreline stabilization x Bulkhead Riprap b . Length 701 c. Average distance waterward of MHW or NWL C I d. Maximum distance waterward of MHW or -N-WL , 1 e. Shoreline erosion during priming 12 months f 01 f.su.[rL'r Of Yi70/71?Q1/ I T ype of bulkhead or rprap mate: ial :mount of :tit in cubic yards to be piace-d below levei (1) RiDraD (2) Bulkhead bacetlI vc h. Type of fill material sand i. Source of fill material dredge spoil & upland off-site 4. OTHER FILL ACTTVITTES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes _ No Revised 03195 If Yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill ?. GENERAL a. How will excavated or t:II material be Kept or. and erosion controlled? n e ` - Wha; ape of zons=ctjon , ..uuiame^t x•ii: by :!s_ (for ezamnie. utagline. .acknoe. :.vdrat:::? dredge)? Will wetlands be cr:,ssed in transport rig eauipme..t to project site? Yes x No If yes, expiain steps that will be taken to lessen environmental impacts. Lynn Mcmanus Applkant or Project Name signature / 1/15/00 Date r r 12/01/1996 23:49 2529955580 RANKIN SURVEYING PAGE 03 LEGEND &1,Q 13 EXISTING CONCRETE MONUMENT PAMLICO SOUND _D 0 EXISTING IRON STAKE O PK NAIL 0 UTILITY MOLE .? • SETIRONSTAKE SIT v/ WETLANDS ® BACKFILL ?' RcT FRISCO, NC R ? CI w` . / i LOT 187 ? t ' ? • `? c'IN R `•\ "?,`''•- LOG1TiON SKETCH , NOT TO SCALE ?(y n kf . t (qn Sf„ w ks ?U / ?r ?,,.? ern . ' LOT 186 Ilkk,??? ?,. LOT 185 `b h o'^ IN, 8,400.00 sq ft ti f\tiPW! s, gyp. s6se1? . OTFR ,?t? -sill ? 1 _ d 30 20 10 0 30 GO ?\ / LOT 184 AWMA( / , / r r LOT 183 / r ry J6 j9? PONT Of CURVATURE S//fET / OF3 PROPOSED BULKHEAD 8, DREDGING PLAN FOR: LyI:n MCManus LOT 185 BRIGANDS' BAY FRISCO, NC Ny".9 ownship County ATTERAS DARE ate File Number .I.Zone Z 30 99 1823-ZD AE J ale FB/Pg Base Ffood Eievatior 30' 064 23 7.00' ecorded Reference 1 Community/Panel/S D 3 PAGE 2 375348 0815 D 4.0' r? NORTH CAROLINA Pin Number 05 0516 07 68 9368 S-1 _._W.._'_-"'__'-'__ ? __.-_..-.y....,,.';..,.__?_:ix ...':1.1+SL-.. ..._•:i:•::iv:ri+.+.. ..::?i?:i. '•Y..r?u' x'?+?-is?ti...t.?:d:'?:uva.:?.S,r.?u.rnY.:7:{rS:Yi?r'.e-.?i:..•...•: ?iiW{r:J:i?i{{S:i:::!_•.:tyl?;. 12/01/1996 23:49 2529955580 RANKIN SURVEYING PAGE 05 P1f0)Ptq5ED LDybF640 910,J7 Z1,7AW DOCt' 1Wrs) J 19' F--- 26' SPOIL AREA 0A FIL -bLWL. - ... - ... - • - EXISTING GROUND J• P -3 PROPOSED BULKHEAD ? .0' -3.0' SECTION A-A (n(s) AC- V/SED 31"00 SiugT 3L7e3 PROPOSED SECTION VIEW LYNN MCMANUS a LOT 85 BRIGANDS BAY FRISCO, NC Township HATTERAS County DARE State NORTH CAROLINA Date File Number F.I.R.M. Zone Pin Number 12/30/99 AE 05 0516 07 68 9368 Sca a F0/Pg Base Flood Elevation Zoning 7.0' S-1 Reaxded Reference Community/Panel/Suffix Average Ground ER M8.3, PG. 7 375348 0815 D 00' i SILT FENCE 0 005-ot( DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 IN REPLY REFER TO April 25, 2000 Regulatory Division Action ID No. 200011055 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Dorney: Please reference the application of Lynn McManus for Department of the Army (DA) authorization and a State Water Quality Certification to excavate a boatbasin and construct a bulkhead and a boathouse within an existing man-made canal, on property located at Lot 185 of the Brigands Bay Subdivision, adjacent to the Pamlico Sound, in Frisco, Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by June 27, 2000, the District Engineer will deem that waiver has occurred. R _ I-"' `I -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638